Shah & 2 others v Gut Ventures Limited & another (Environment and Land Appeal 19 of 2022) [2024] KEELC 7282 (KLR) (31 October 2024) (Judgment)

Facts

The Appellants filed an action against Gut Ventures Limited and the Chief Land Registrar, claiming ownership of a fully developed property in Westlands, Nairobi. The trial court dismissed the suit, finding that the Respondent had locus standi and that the issues were not res judicata or sub judice.

Issues

1. Whether the Respondent had locus standi to file the suit.
2. Whether the issues in this suit are the same as those in HCC 834 of 2006.
3. Whether the suit is time barred.
4. Whether the trial court had pecuniary jurisdiction over the suit property.
5. Whether the trial court lawfully ordered rectification of the register of the suit property.

Reasoning

The court found that the Respondent had locus standi to file the suit under Article 22(1) and (2) of the Constitution of Kenya, which grants every person the right to institute proceedings claiming that their rights under the Bill of Rights had been infringed.

Outcome

Appeal dismissed

Authorities cited