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ELCPartially AllowedPlaint dated 30th April 2010 (Nairobi)· [2025] KEELC 20 (KLR)

Tassia Auto Spares Limited & Another v City Council of Nairobi (now City County Government of Nairobi)

Environment and Land Court
16 January 2025
4,846 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~19 min to read original · ~4 min brief

The bottom line

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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

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Executive summary

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The Plaintiffs sued the City Council of Nairobi (now defunct) by plaint dated 30th April 2010, seeking declarations that subsequent allocations, consents and approvals over L.R Nos. 12062/674, 12062/673 and 12062/672 Nairobi were null and void, a permanent injunction against further allocations, and an order compelling the Defendant to evict occupants and demolish structures erected by allottees. The suit was heard on 17th September 2024, more than 14 years after filing. The Plaintiffs testified through James Mungai Njenga (PW1), who produced letters of allotment, evidence of payment of stand premiums, and certificates of title, showing lawful allotment and registration of the suit plots in favour of the Plaintiffs. The Defendant, despite filing a statement of defence, called no evidence and filed no submissions. The court framed three issues: proprietorship, the Defendant's power to grant consents, and the appropriate orders. Applying the Torrens system and section 23 of the Registration of Titles Act, the court found the Plaintiffs to be the lawful and legitimate proprietors, their evidence being uncontroverted. It held that upon allotment the Defendant was divested of any rights over the parcels, so any subsequent consents or approvals to third parties were illegal, null and void. Judgment was entered for the Plaintiffs with declarations of ownership and illegality, and a permanent injunction restraining further allocations, with costs to the Plaintiffs. However, the court declined the relief compelling the Defendant to evict occupants and demolish structures, holding that trespassers must be impleaded and evictions executed through due process by court bailiffs or licensed auctioneers. The suit was thus partially allowed.

Key legal issues

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01

Whether the Plaintiffs are the lawful and registered proprietors of the suit properties

Holding

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

Reasoning

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.

p. 5
02

Whether the Defendant could grant consents or approvals to third-parties over the suit properties

Holding

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

Reasoning

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.

p. 7
03

Whether the court could order the Defendant to evict occupants and demolish structures on the suit properties

Holding

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

Reasoning

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.

p. 9

Legal principles established

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  • 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

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  1. 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. 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. 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. 4.Costs of the suit awarded to the Plaintiffs
  5. 5.Any other order not expressly granted is declined

Authorities

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Legislation

  • Constitution of Kenya, 2010Article 159(2)(b)
  • Constitution of Kenya, 2010Sections 7 and 33 of the 6th Schedule
  • Registration of Titles Act (Chapter 281, Laws of Kenya) (now repealed)Section 23(1)
  • Land Registration ActSections 24 and 25
  • Urban Areas and Cities Act, 2011Sections 55 and 56
  • Auctioneers Act 1996
  • Auctioneers Rules 1997

Cases cited (12)

  • Wreck Motor Enterprises v Commissioner of Lands & 3 others
    [1997] eKLR
  • Dr. Joseph N.K. Arap Ng'ok v Justice Moijo ole Keiwua & 4 Others
    Civil Application No. NAI.60 of 1997 (unreported)
  • Elizabeth Wambui Githinji & 29 others v Kenya Urban Roads Authority & 4 others
    [2019] eKLR
  • Charles Karathe Kiarie & 2 Others v Administrators of Estate of John Wallance Muthare (deceased) & 5 others
    Civil Appeal 225 of 2006
  • Gibbs v Messer
    [1891] AC 247 P.C.
  • Benja Properties Limited v Syedna Mohammed Burhannudin Sahed & 4 others
    [2015] eKLR
  • Waas Enterprises Limited v City Council Of Nairobi & another
    [2014] eKLR
  • Mohansons (Kenya) Limited v Registrar of Titles, Mary Murtazza Ondatto & Attorney General
    (Petition 103 of 2012) [2017] KEELC 2730 (KLR) (6 June 2017) (Ruling)
  • Anerita Karimi Nejru v. A.G
    No. 1 (1979) KLR 154
  • Moya Drift Farm Ltd. v. Theuri
    (1973) EA 114
  • Standard Chattered Financial Services v Manchaster Outfitters [formerly Kings Woolen Ltd]
    [2016] eKLR
  • Speaker Kisumu County Assembly & Others v The Clerk Kisumu County Assembly & Others
    [2015] eKLR
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

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Practical implications

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Frequently asked questions

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Cite this brief

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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.