Luke Njiru Kageki v Industrial & Commercial Dev Corp & another [2016] KEHC 4287 (KLR)

Facts

The applicant, Luke Njiru Kageki, claims he is the owner of land parcel No. Weru/Kagaari/1544, on which he and his family depend for subsistence. He alleges that the respondent, Industrial and Commercial Dev Corp, purported to sell the land, but the court declared the sale illegal, null and void. The applicant also claims that the respondent and an interested party colluded to have the title register reflect the interested party's name as the proprietor of the land. Unknown persons appeared on the land claiming it was for sale between 20th and 24th May 2016.

Issues

1. Whether the application should be heard inter partes
2. Whether the purported sale of the land was illegal, null and void

Reasoning

The court finds that the issues raised by the applicant warrant an inter partes hearing.

Outcome

The applicant is directed to serve the other parties and have the matter set down for hearing as soon as it is practicable.