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ELCPartially AllowedOriginating Summons dated 22/3/2024 (Meru ELC)· [2025] KEELC 7306 (KLR)

Vekaria & another v Njue (Enviromental and Land Originating Summons E003 of 2024) [2025] KEELC 7306 (KLR)

Environment and Land Court
24 October 2025
3,876 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~16 min to read original · ~4 min brief

The bottom line

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A Meru court ordered an apartment seller to secure the buyer's sectional title within 180 days, warning developers that years of inaction carry real legal consequences.

What this practically means

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Executive summary

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The plaintiffs, husband and wife, purchased Apartment No. 3 on the 2nd floor of Building No. 1 on LR No. Ntima/Igoki/5402, Meru, from the defendant under a sale agreement dated 24/2/2012. They paid the full purchase price and took possession in January 2014, but the defendant never processed a sectional title or constituted the statutory corporation under the Sectional Properties Act. They filed an originating summons under Order 37 rule 3 seeking declarations of ownership under the doctrine of constructive trust and orders compelling the defendant to subdivide the building, register a sectional plan, facilitate issuance of a sectional title, and establish a corporation under Section 17 of the Act. The defendant acknowledged the sale and beneficial ownership but claimed he had engaged a surveyor and incorporated a management company, Penthouse Suites Apartments Management Limited, and blamed delays at the Land Registry. The court found there was no evidence any registrable instrument had been lodged for registration; the defendant engaged a surveyor only after being served with suit papers, and the 13-year delay was inordinate. The Companies Act company with the defendant and his mother as sole directors and shareholders was not the corporation contemplated under Section 17, which stands automatically constituted upon registration of a sectional plan with all unit owners as members. Judgment was entered for the plaintiffs: the substantive prayers were granted, the defendant given 180 days to complete all steps for issuance of the sectional title, with a default order empowering the Deputy Registrar to execute instruments at the defendant's cost. Each party was directed to bear its own costs, the court noting both parties had overlooked the absence of contractual timelines.

Key legal issues

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01

Whether the defendant discharged his obligations under Sections 4 and 5 of the Sectional Properties Act to prepare and register a sectional plan

Holding

He did not; for 13 years he took no steps, engaging a surveyor only after being served with suit papers, and the sectional plan was neither procured nor presented for registration

Reasoning

The sale agreement contained no timelines, but the defendant was served in April 2024, 12 years after the transaction. His surveyor's report of June 2024 revealed encroachment onto the abutting road requiring resurvey and realignment, yet no evidence showed he acted on that professional advice. The 13-year delay was inordinate and he blamed the Land Registry without evidence that any registrable instrument had been lodged.

p. 6
02

Whether the defendant constituted the corporation required under Section 17 of the Act

Holding

He did not; the Penthouse Suites Apartments Management Limited company under the Companies Act was not the Section 17 corporation

Reasoning

The corporation contemplated under Section 17 is not a company under the Companies Act, which the Act expressly precludes from applying to it. It stands automatically constituted on registration of the sectional plan with all unit owners as members. The exhibited certificate of incorporation named the defendant and his mother as the only directors and shareholders, which does not meet the statutory framework.

p. 7
03

Whether the plaintiffs are entitled to the reliefs sought

Holding

Yes; questions 1 to 8 answered in the affirmative, with the compliance period enhanced to 180 days

Reasoning

The plaintiffs proved full payment and possession, and the defendant did not contest their beneficial ownership. The defendant failed to show compliance with the Act or that delays lay with the Land Registry. The court found the case proved on a balance of probabilities and granted the substantive reliefs, extending the completion period to 180 days.

p. 7

Legal principles established

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  • The obligation to prepare, procure and register a sectional plan and to constitute the corporation under the Sectional Properties Act lies with the developer/owner of the mother title.
  • A management company registered under the Companies Act is not the corporation contemplated under Section 17 of the Sectional Properties Act; that corporation stands automatically constituted upon registration of the sectional plan with all unit owners as members.

Court orders

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  1. 1.Prayers (a), (b), (c), (d) and (e) are granted as prayed
  2. 2.The defendant is decreed to complete all actions, processes and steps required to procure issuance of a sectional property title for Apartment No 3, 2nd Floor, Building No 1, LR No Ntima/Igoki/5402 within 180 days from the date of the judgment
  3. 3.In default, the Deputy Registrar of the Court shall execute all relevant instruments and the plaintiffs shall undertake the said processes and procure the sectional title, all at the cost of the defendant
  4. 4.Parties will bear their respective costs of the suit
Jurisdiction invoked
Original jurisdiction under the Sectional Properties Act No. 21 of 2020 and Order 37 rule 3 of the Civil Procedure Rules

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, "Vekaria & another v Njue (Enviromental and Land Originating Summons E003 of 2024) [2025] KEELC 7306 (KLR)", Case Analysis (2025). Originating Summons dated 22/3/2024 (Meru ELC). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/7306/eng@2025-10-24

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