2 min read Financial Health

Vehicle Ownership Disputes in Kenya: What Happens if a Car Has Two Claimants?

Vehicle Ownership Disputes in Kenya: What Happens if a Car Has Two Claimants?

Buying a car in Kenya can be thrilling, but sometimes excitement turns into a nightmare when two people claim ownership of the same vehicle. Vehicle ownership disputes aren’t just stressful — they can halt transfers, prevent loans, or even lead to repossession. Here’s what every Kenyan driver should know.

1. How Dual Claims Happen

Common scenarios include:

  • Fraudulent sales: One seller sells the car to multiple buyers.
  • Inheritance issues: Multiple heirs claim the same vehicle.
  • Joint ownership disagreements: Couples, business partners, or family members dispute possession.

These disputes often show up during NTSA transfer attempts or logbook loan applications.

  • Vehicle ownership is primarily established through the NTSA logbook and registration records.
  • In case of disputes, courts or mediation may be required to determine the rightful owner.
  • The Traffic Act and Civil Procedure Act guide dispute resolution.

3. What Happens During a Dispute

  • NTSA may freeze transfers until the dispute is resolved.
  • Banks and logbook lenders refuse loans against vehicles with unclear ownership.
  • The car may be impounded if either claimant involves law enforcement.

4. Steps to Resolve Vehicle Ownership Disputes

  1. Gather Documentation:
    • Logbooks, purchase receipts, ID copies, and sale agreements.
  2. File a Police Report if fraud or criminal claim is suspected.
  3. Mediation or Negotiation: Sometimes disputes can be resolved privately, especially between family members.
  4. Court Intervention: For stubborn disputes, seek a declaratory order from the High Court to confirm ownership.
  5. Update NTSA Records: Once the court or mediator rules, update the logbook to reflect rightful ownership.

5. Prevention Tips for Kenyan Drivers

  • Always verify logbook authenticity via NTSA TIMS.
  • Check for existing encumbrances or loans on the car before buying.
  • Draft clear sale agreements and retain receipts.

Conclusion

Dual ownership disputes can derail car purchases, transfers, and loans in Kenya. Acting fast, keeping proper documentation, and seeking legal recourse when needed are key to protecting yourself.

Remember!

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