Skyview Properties Limited & another v Njoroge & 4 others (Environment & Land Case 605 of 2012) [2025] KEELC 568 (KLR) (13 February 2025) (Judgment)
- Court
- Environment & Land Court
- Case number
- 568
- Citation
- [2025] KEELC 568 (KLR)
- Decided
- 13 February 2025
The Plaintiffs' case is dismissed in its entirety. The three basement units within L.R. No. 209/8879/9 and 209/8879/10 in Nairobi are declared common areas to be managed and administered by the 5th Defendant, Scenic Court Management Company Limited. The Plaintiffs are ordered to execute necessary documents and transfer the reversionary interests over the two properties to the 5th Defendant within 30 days of the judgment. The Plaintiffs are also ordered to surrender the original title documents of the two properties to the 5th Defendant within 30 days of the judgment. The costs of the suit and the counter-claim are awarded to the Defendants.
Facts
Skyview Properties Limited and Scenic Court Limited are the registered owners of two parcels of land in Nairobi, where they have erected ten apartments each. Kennedy Amos Njoroge, Irene Ndugi Njoroge, Linet Angongo Shiundu, and Salim Bakari are the registered owners of the remaining ten apartments. Skyview Properties Limited and Scenic Court Limited have filed a suit against the defendants seeking a declaration that they are the rightful owners of three basement units and an injunction against the defendants from interfering with their possession.
Issues
- Whether the Plaintiffs breached the leases and are illegally holding the reversionary interest over the two properties
- Whether the orders sought by the Defendants should be granted
- Whether the basement units form part of the common areas that is to be utilized by the 5th Defendant
- Whether the Defendants have suffered and continue to suffer prejudice
- Whether the Plaintiffs are entitled to general damages for trespass
- Who should bear the costs of the suit
Reasoning
The Plaintiffs acknowledged their obligation to transfer the reversionary interests over the suit premises to the 5th Defendant in their amended plaint. However, their submissions were dismissed as escapist and hollow, as they produced lease documents that speak for themselves.
Outcome
Appeal dismissed
Orders
- The Plaintiffs' case is dismissed in its entirety.
- The three basement units within L.R. No. 209/8879/9 and 209/8879/10 in Nairobi are declared common areas to be managed and administered by the 5th Defendant, Scenic Court Management Company Limited.
- The Plaintiffs are ordered to execute necessary documents and transfer the reversionary interests over the two properties to the 5th Defendant within 30 days of the judgment.
- The Plaintiffs are ordered to surrender the original title documents of the two properties to the 5th Defendant within 30 days of the judgment.
- The costs of the suit and the counter-claim are awarded to the Defendants.
Remedies
- Declaration of common areas
- Transfer of reversionary interests
- Surrender of title documents
- Award of costs
Authorities cited
Legislation (1)
- Sectional Properties Act, 2020
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