Ahamed v Kenya National Highways Authority & 2 others; Lead Property Developers & 2 others (Third party) (Environment & Land Case 333 of 2013) [2024] KEELC 5130 (KLR)

The letter of allotment dated 18th June 1999 was issued to Baimet Contractors, a business name with no legal capacity to hold an allotment. No approved and authenticated PDP preceded or accompanied it, and payments under it were made years outside the 30-day compliance window, so the allotment lapsed. The doctrine of ex nihilo nihil fit applies - nothing arises from a nullity.

A bona fide purchaser must demonstrate that his predecessor in title held a valid and legal title. Having found the 2nd third party's title void ab initio, every derivative title, including the plaintiff's, collapses. Further, the property featured in the Ndungu Report and gazette notice on irregular allocations, undermining any claim of honest purchase without notice.

Evidence of DW1 and DW2 established the 1985 structure plan showing the road and railway reserves and transport corridor. Once land is reserved for public use it ceases to be unalienated government land under the repealed Government Lands Act and falls outside the Commissioner of Lands' power of allocation.

Claims for construction costs and consultancy fees were incurred by Idgrata Developers Ltd, a separate juristic person from the plaintiff; the imported finishes were supported only by pro-forma invoices with no proof of payment; the loss-of-profits claim rested on a sale agreement executed after the demolition; marketing costs were admitted to be undocumented. The valuation of Kes.300,000,000 could only sound against the vendor, against whom no claim was pleaded.

On the findings on issues 1 and 3, the certificate of lease is illegal and falls within Section 26(1)(b) of the Land Registration Act, which protects only lawfully acquired titles regardless of the holder's culpability. The land must revert to public land as part of the transport corridor.