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ELCDismissedAmended Originating Summons dated 25/2/2025· [2025] KEELC 7287 (KLR)

Avalanche Investment Group Ltd v Makuthi & another (Being administrators of the Estate of John Makuthi Kathumba) (Enviromental and Land Originating Summons E035 of 2021) [2025] KEELC 7287 (KLR)

Environment and Land Court
22 October 2025
3,291 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~13 min to read original · ~4 min brief

The bottom line

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A Nairobi court dismissed a landowner's attempt to block eviction, ruling that doubtful titles and missing key parties doomed the case.

What this practically means

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Executive summary

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The plaintiff, Ainu-Shamsi Hauliers Limited, sought an injunction restraining the defendants, administrators of the estate of the late John Makuthi Kathumba, from interfering with titles LR Nos. 9092/1 and 9092/2, together with a declaration that its certificate of title was conclusive evidence of absolute and indefeasible ownership. The plaintiff claimed to have purchased the land in 2012 and alleged trespass. The defendants denied trespass, asserting occupation of LR No. 7075/3 since the 1950s and relying on a National Land Commission report of 21/1/2019 on irregular titles within JKIA land (LR No. 21919), which found the grants irregular, recommended revocation of the long-term grants, and recognised the defendants' family as valid squatters entitled to compensation and resettlement by the Kenya Airports Authority. PW1, the plaintiff's director, admitted the land could be public land, that the titles were to be revoked and replaced by KAA leases which never issued, and that a search could not be performed over the parcels. The court held that while the NLC lacks power to revoke titles - only the court under Section 80(1) of the Land Registration Act may cancel a registration, as confirmed by the Supreme Court in the Matter of the National Land Commission [2015] eKLR - the NLC findings and Gazette Notice cast substantial doubt on the legality of the plaintiff's title. The plaintiff's failure to join NLC and KAA, and its failure to challenge the NLC findings, proved fatal. The Amended Originating Summons was dismissed with costs to the defendants.

Key legal issues

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01

Whether the plaintiff's certificate of title confers absolute and indefeasible ownership entitling it to a declaration and injunction

Holding

No. Despite the certificate of title, the NLC inquiry found the allocation unlawful, PW1 admitted the land could be public land and the titles were to be revoked, and the plaintiff did not challenge the NLC findings, leaving substantial doubt as to the legality of the title.

Reasoning

Sections 24, 25(1) and 26 of the Land Registration Act protect registered proprietors, but Section 26 permits challenge where title was acquired illegally, unprocedurally or through a corrupt scheme. Here the NLC report and Gazette Notice No. 1549 of 15/02/2019 declared the allocation irregular and recommended revocation. PW1 confirmed the finding, admitted the land could be public land, and admitted KAA was to issue new leases that never issued. The valuer could not even perform a search over the parcels, raising doubt as to their existence.

p. 7
02

Whether the NLC could revoke the plaintiff's titles

Holding

NLC lacks power to revoke titles; it only recommended revocation. Only the court under Section 80(1) of the Land Registration Act can order cancellation of registration, per the Supreme Court decision in the Matter of the National Land Commission [2015] eKLR.

Reasoning

The court agreed with the applicant's submission that NLC has no revocation authority, citing the Supreme Court advisory opinion. Section 14 of the National Land Commission Act permits review of grants and, on a finding of unlawfulness, a direction to the Registrar to revoke - but in this case NLC merely recommended revocation, which was never effected. The plaintiff's titles therefore had not been cancelled.

p. 7
03

Whether failure to join NLC and KAA affected the suit

Holding

Yes. The plaintiff admitted the land was part of the airport (public land) and did not challenge the NLC findings, so NLC and KAA ought to have been joined; their absence undermined the plaintiff's claim.

Reasoning

The court found the evidence raised doubt whether the suit properties exist, since the valuer could not perform a search. Given the constitutional mandate of the NLC and KAA's interest as the public body over JKIA land, their joinder would have assisted the court in determining the competing claims. The plaintiff's unilateral suit could not resolve matters touching on public land allocation and compensation.

p. 7

Legal principles established

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  • The National Land Commission lacks the authority to revoke a title; only the court under Section 80(1) of the Land Registration Act, 2012 has the power to order cancellation of a registration.
  • A certificate of title is prima facie evidence of absolute and indefeasible ownership but may be challenged on grounds of fraud, misrepresentation, illegality, unprocedural acquisition or corrupt scheme (Section 26, Land Registration Act).

Court orders

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  1. 1.The Amended Originating Summons herein has no merit and it is hereby dismissed.
  2. 2.The Respondent shall have costs of the suit herein.

Authorities

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Legislation

  • Land Registration ActSection 24
  • Land Registration ActSection 25(1)
  • Land Registration ActSection 26
  • Land Registration ActSection 80(1)
  • National Land Commission ActSection 14
  • Constitution of Kenya, 2010Article 40
  • Constitution of Kenya, 2010Article 47
  • Constitution of Kenya, 2010Article 60
  • Constitution of Kenya, 2010Article 67
  • Constitution of Kenya, 2010Article 68(c)(v)
  • Civil Procedure Rules, 2010Order 11
  • Gazette Notice No. 1549 dated 15/02/2019
  • Gazette Notice No. 1707

Cases cited (1)

  • In the Matter of the National Land Commission [2015] e KLR
    [2015] eKLR
Jurisdiction invoked
Original civil jurisdiction over land disputes; suit brought by Amended Originating Summons under the Civil Procedure Rules 2010 (Order 11 compliance noted)

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, "Avalanche Investment Group Ltd v Makuthi & another (Being administrators of the Estate of John Makuthi Kathumba) (Enviromental and Land Originating Summons E035 of 2021) [2025] KEELC 7287 (KLR)", Case Analysis (2025). Amended Originating Summons dated 25/2/2025. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/7287/eng@2025-10-22

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.