Green Belt Warehouse Limited v Abdullahi Mohammed Sheikh [2019] KEELC 318 (KLR)
The bottom line
#A registered landowner who bought in good faith won court protection from interference, even though earlier court orders existed in a case they knew nothing about.
What this practically means
#Executive summary
#Key legal issues
#Whether the plaintiff established entitlement to a temporary injunction over the suit properties
The injunction was granted; the plaintiff is the registered owner by transfer from the chargee Gulf African Bank Limited and the defendant demonstrated no wrongdoing impugning the registration
The court found the plaintiff's registered title, acquired by transfer from the chargee on 30th January 2019, prima facie indefeasible under Section 26(1) of the Land Registration Act. The defendant had not shown fraud, misrepresentation, illegality or corrupt acquisition, nor any wrongdoing in the registration. Any grievance of the defendant lay against the chargee, not the plaintiff, and interference with the plaintiff's enjoyment pending trial was restrained.
Whether the orders of 17th September 2019 should be set aside for non-disclosure of material facts
The setting-aside application was dismissed; the plaintiff could not have failed to disclose orders in HCCC 501/2016 of which it was unaware and to which it was not a party
The orders by Lady Justice M. Odero in HCCC 501/2016 were issued on 1st July 2019, after the chargee had already transferred the properties to the plaintiff on 30th January 2019. The plaintiff was not a party to that Commercial Division suit. Non-disclosure requires knowledge of the material facts, and a stranger to the earlier suit with a validly acquired title cannot be accused of suppressing them.
Legal principles established
#- A registered proprietor's title under Section 26(1) of the Land Registration Act is prima facie evidence of absolute and indefeasible ownership, challengeable only on grounds of fraud or misrepresentation to which the proprietor is party, or where the title was acquired illegally, unprocedurally or through a corrupt scheme
- A party cannot be faulted for failure to disclose material facts of which it was unaware and of which it was not a party to the prior proceedings in which those orders were made
Court orders
#- 1.A temporary injunction restraining the defendant/respondent, his agents and/or servants from trespassing, wasting, alienating or otherwise interfering with the plaintiff's agents, tenants or servants' peaceful and quiet enjoyment of LR Nos 209/7260/19388 and 209/7260/19389, Nairobi pending hearing and determination of the suit
- 2.The OCS Buru Buru and Shauri Moyo Police Stations to enforce compliance of the injunction orders
- 3.The notice of motion dated 26th September 2019 seeking to set aside the orders of 17th September 2019 dismissed
- 4.Costs to abide the outcome of the main suit
- Jurisdiction invoked
- Inherent jurisdiction under Sections 1A, 1B, 3, 3A and 63(c) of the Civil Procedure Act and Order 40 rule 1 and Order 51 of the Civil Procedure Rules; Article 159 of the Constitution of Kenya, 2010 invoked for the setting-aside application
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Green Belt Warehouse Limited v Abdullahi Mohammed Sheikh [2019] KEELC 318 (KLR)", Case Analysis (2019). Not stated in the judgment (inter parte motions dated 6th September 2019 and 26th September 2019). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2019/318/eng@2019-12-11
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.