Gitari v Mati & 3 others (Environment & Land Case 740 of 2013) [2024] KEELC 831 (KLR)
The bottom line
#If you buy land while a court case over it is ongoing in Kenya, the final judgment can cancel your title even without a registered injunction.
What this practically means
#Executive summary
#Key legal issues
#Whether non-joinder of the Applicant (a subsequent purchaser pendente lite) suffices as 'sufficient cause' for review
No; lis pendens renders the judgment binding on the applicant and his claim lies against the seller, not the plaintiff
The Applicant bought the suit property in 2013 while the suit filed in 2006 was pending. The seller (2nd Defendant) knew of the litigation but did not inform the court. Under the lis pendens doctrine, the judgment binds persons deriving title from parties during the pendency of the suit. The applicant's remedy lies against the 2nd Defendant who sold him the land.
Whether registration of the 1st Respondent rather than the deceased's estate was an error apparent on the face of the record
No; she sued and held letters of administration as legal representative of the estate, so the contention was misconceived and in any event a matter for appeal
The plaintiff produced letters of administration issued on 16th August 2006 and sued as legal administrator of the estate of Thiaka Kamau. The locus standi issue was raised and decided at trial; dissatisfied parties should have appealed, not sought review, as review cannot be a vehicle for rehearing decided issues.
Legal principles established
#- A purchaser of property pendente lite takes at his own risk notwithstanding absence of a registered injunction; the final judgment binds him
- An error apparent on the face of the record must be patent and not require elaborate argument or protracted reasoning
Court orders
#- 1.The Notice of Motion application dated 19th December 2022 is dismissed
- 2.Each party to bear their own costs of the application
- Jurisdiction invoked
- Sections 80 and 1A, 1B of the Civil Procedure Act, Cap. 21 and Order 45 Rule 1 of the Civil Procedure Rules (review jurisdiction)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Gitari v Mati & 3 others (Environment & Land Case 740 of 2013) [2024] KEELC 831 (KLR)", Case Analysis (2024). Notice of Motion dated 19th December 2022 (suit number not stated in judgment). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2024/831/eng@2024-02-22
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.