Ridgeways International Limited v Dasahe Investment Limited & 8 others [2018] KEELC 3851 (KLR)

Facts

The 4th Defendant, Dasahe Investment Limited, claims to be the registered proprietor of land acquired by the Government of Kenya through the National Land Commission. The Plaintiff, Ridgeways International Limited, seeks to have the 4th Defendant's title declared null and void due to alleged fraud.

Issues

1. Whether the Plaintiff's Notice of Motion and Plaint were filed in contravention of Order 4 Rule 4 of the Civil Procedure Rules
2. Whether the Plaintiff's suit amounts to an abuse of the court process
3. Whether the National Land Commission can act as a quasi-judicial body in determining land ownership disputes

Reasoning

The court found that the 7th Defendant, the National Land Commission, cannot act as a quasi-judicial body in determining land ownership disputes. The court can only declare whether the 4th Defendant acquired the land fraudulently or not.

Outcome

The Plaintiff's Notice of Motion and Plaint were not struck out.