Khalfan and Others v Registrar of Titles and Others (C.C. 26/1932 (Mombasa).)
Khalfan and Others v Registrar of Titles and Others (C.C. 26/1932 (Mombasa).) [1933] EACA 6 (1 January 1933)
The court found that the certificate of ownership issued to Khamis bin Khalfan was obtained by deliberate fraud and misrepresentation, specifically by concealing the existence of a wakf trust and forging the translation of the application for registration. The Registration of Titles Ordinance provides statutory powers for the Registrar and the Court to rectify the Register and cancel certificates obtained by fraud. The court distinguished prior case law on indefeasibility of title, holding that certificates obtained by crime, such as forgery, are not indefeasible and may be cancelled. The pla…
Source excerpt
- Rectification Of Register
- Indefeasibility Of Title
- Fraudulent Registration
- Wakf Trusts
- Remedies For Wrongful Registration