Tassia Auto Spares Limited & Another v City Council of Nairobi (now City County Government of Nairobi)
The bottom line
#A Nairobi court confirmed private owners' titles to three plots, voided the county's later allocations, but refused to order evictions of occupiers.
What this practically means
#Executive summary
#Key legal issues
#Whether the Plaintiffs are the lawful and registered proprietors of the suit properties
Yes - the Plaintiffs were lawfully allotted the plots, complied with the letters of allotment by paying the stand premiums, and were issued certificates of title; the evidence was uncontroverted as the Defendant called no evidence
The Plaintiffs produced the three letters of allotment, evidence of payment of stand premiums, survey plans, deed plans and certificates of title. The Defendant filed no witness statement, no documents and called no witness, leaving the Plaintiffs' evidence unchallenged and uncontroverted. Applying the Torrens system principles and the conclusive and indefeasible nature of certificates of title under section 23 of the Registration of Titles Act, the court found the Plaintiffs proved lawful proprietorship on a balance of probabilities.
Whether the Defendant could grant consents or approvals to third-parties over the suit properties
No - upon allotment the properties became private property, the Defendant was divested of any mandate, and any consents, approvals or assignments granted to third-parties were illegal and unlawful
Having been allotted the properties and having complied with the allotment terms, the Plaintiffs acquired absolute and exclusive rights. The Defendant was divested of all power over the parcels. If it believed it had a lawful basis to interfere with the titles, it was required to follow due process and could not resort to self-help. Accordingly, any consents or approvals issued to third parties were illegal and of no legal effect.
Whether the court could order the Defendant to evict occupants and demolish structures on the suit properties
No - the Defendant cannot be directed to undertake evictions and demolitions; the Plaintiffs must implead the trespassers and procure suitable eviction orders, with execution undertaken by court bailiffs or licensed auctioneers
Although the Plaintiffs established exclusive possession rights, the relief sought would require third parties who were not before the court to be deprived of occupation without a hearing. The right to fair hearing and due process must be adhered to at all times. Furthermore, execution and enforcement of court orders is undertaken by court bailiffs and licensed auctioneers under the Auctioneers Act 1996 and the Auctioneers Rules 1997, not by the Defendant county authority.
Legal principles established
#- Title to landed property comes into existence upon issuance of a letter of allotment, compliance with its conditions and issuance of the title document; a certificate of title is conclusive evidence of absolute and indefeasible ownership subject only to fraud or misrepresentation to which the proprietor is a party
- Upon lawful allotment and compliance with the terms of allotment, the allocating authority ceases to have any rights or interests over the allocated property and cannot grant consents, approvals or assignments affecting it
Court orders
#- 1.Declaration that L.R No: 12062/674, L.R No: 12062/673, L.R No: 12062/672 Nairobi lawfully belongs to and are the properties of the Plaintiffs
- 2.Declaration that the subsequent allocations, consents or approvals of assignments and/or subletting of the suit parcels to third-parties are illegal, null and void
- 3.Permanent injunction restraining the Defendant (now defunct) and the City County Government of Nairobi from allocating, assigning leases or subletting the suit parcels to any third-parties during the subsistence of the Plaintiffs' title
- 4.Costs of the suit awarded to the Plaintiffs
- 5.Any other order not expressly granted is declined
- Jurisdiction invoked
- Original civil jurisdiction over a land dispute; suit commenced before the Constitution 2010, orders extended to the City County Government of Nairobi under Sections 55 and 56 of the Urban Areas and Cities Act, 2011 and Sections 7 and 33 of the 6th Schedule of the Constitution 2010
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Tassia Auto Spares Limited & Another v City Council of Nairobi (now City County Government of Nairobi)", Case Analysis (2025). Plaint dated 30th April 2010 (Nairobi). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/20/eng@2025-01-16
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.