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Embakasi Properties Limited & Safe Cargo Limited v. Commissioner of Lands & Attorney General

(2019) JELR 102454 (CA)

Court of Appeal  •  Civil Appeal 276 of 2008 & Civil Appeal 6 of 2009 (Consolidated)  •  5 Feb 2019  •  Kenya

Daniel Kiio Musinga, Mohammed Abdullahi Warsame, William Ouko, James Otieno Odek, Patrick Omwenga Kiage



This Court in the case of Arthi Highway Developers Limited v. West End Butchery Limited and 6 Others, Civil Appeal No.246 of 2013, aptly described the risks of transacting in land, especially in Kenya without conducting due diligence. It said;

"It was common knowledge, and well documented at the time, that the land market in Kenya was a minefield and only a foolhardy investor would purchase land with the alacrity of a potato dealer in Wakulima market. Perhaps the provisions of the new Constitution 2010 and the Land Registration Act, 2012 will have a positive impact for land investors in future."

This appeal follows that pattern of double allocation of land and the following background will assist in appreciating how the dispute arose in this appeal.

In an action instituted by a plaint that was subsequently amended, Embakasi Properties Limited, the 1st appellant, challenged a decision made on or about 21st June, 1993 by the Commissioner of Lands, (the Commissioner) th…

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