Laly Furnishing House Ltd v Kenya National Highways Authority & 2 others
The bottom line
#A company claiming Kshs. 822 million for land taken for the Southern Bypass lost because it could not prove how it originally acquired the title.
What this practically means
#Executive summary
#Key legal issues
#Admissibility of DW1's evidence without written corporate authority
Written authority under seal is not required for a witness to give evidence for a corporation; the court may presume capacity of a public official
The court adopted Maraga J's holding in Peter Onyango Onyiego that affidavits and evidence may be sworn by anyone possessed of the facts, and relied on the Court of Appeal decision in Wines & Spirits Kenya Ltd that a court may presume the capacity of a public official acting in a stated capacity. Written authorization is only mandatory for contractual issues.
Whether the Plaintiff proved root of title to LR 209/18172
Plaintiff failed to prove root of title; it produced no letter of allotment or cadastral map showing lawful acquisition of Government land
Under Section 26(1) of the Land Registration Act a title is prima facie evidence of ownership but may be challenged for illegality. Where title is challenged, the burden shifts to the proprietor. The Plaintiff did not show how it acquired LR 209/12058, produced no letter of allotment, and the land had been compulsorily acquired in 1972 and reserved by the 1985 Structure Plan.
Whether the suit land was available for allocation to the Plaintiff
The land was compulsorily acquired in 1972 and reserved for the Southern Bypass interchange in the 1985 Plan, becoming public land not available for allocation
Gazette notices 3632 and 3633 of 1st December 1972 acquired 29.496 acres including the suit land. The Nairobi South Structure Plan No. 42/28/85/9 of 5th June 1985 showed the suit land within the acquired and reserved land with truncations for the junction. Whether the fourth roundabout was a later design did not matter as the acquired land sufficed.
Legal principles established
#- Where a registered proprietor's root of title is under challenge, the proprietor must prove the legality of the acquisition beyond the title instrument
- A witness need not produce written corporate authority under seal to give evidence on behalf of a corporation
- Land acquired by government and reserved by plan becomes public land unavailable for allocation
Court orders
#- 1.The Plaintiff's suit is dismissed with costs.
- Jurisdiction invoked
- Original jurisdiction of the Environment and Land Court over land and title disputes (Article 162(2)(b) Constitution)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Laly Furnishing House Ltd v Kenya National Highways Authority & 2 others", Case Analysis (2023). Environment & Land Case 925 of 2015. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2023/17224/eng@2023-04-27
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.