HOUSING FINANCE COMPANY OF KENYA LIMITED V. ATTORNEY GENERAL & NGETCO INVESTMENTS LIMITED

JUDGMENT OF THE COURT

The appellant, HOUSING FINANCE COMPANY OF KENYA, the then applicant, in pursuance to leave granted on 21^st November, 1995 filed a Notice of Motion application dated 11^th December, 1995. The Motion was premised on O.LIII Rules 1, 2 and 3 of the Civil Procedure Rules, Section 3A of the Civil Procedure Act and Section 63 of the Registration of Titles Act (RTA), Chapter 281 of the Laws of Kenya and under all inherent powers of the Court. In the Motion, the Principal Registrar of Titles, the 1^st respondent herein, was named as the defendant. The appellant sought the following orders:-

“1. That the registration by the Principal Registrar of Titles of the vesting order in Civil Case No. 687 of 1991 on the 19^th day of December 1994 being entry number I.R. 12102/19 purporting to transfer the title of ALL THAT piece of land known as Land Reference Number 3734/496 (original Number 3734/5/291) (the said “property”) to NGETCO INVESTMENTS LIMITED (“Ngetco”) contravenes the provi…