Login Register

Mwangi Nguro v. Gikera Munene, City Council of Nairobi, District Lands Registrar Nairobi & Commissioner of Lands

(2019) JELR 98726 (CA)

Court of Appeal  •  Civil Appeal 289 of 2012  •  8 Mar 2019  •  Kenya

Daniel Kiio Musinga, William Ouko, James Otieno Odek



At the heart of this dispute is a parcel of land known as Dagoretti/Kangemi/T. 436, the suit property. But there is no dispute that the appellant was issued with an allotment letter in respect of the suit property and that upon paying Kshs. 33,640/= on 6th October, 1996 to the Commissioner of Lands a certificate of lease was granted to him on 10th February, 1995 for a term of 99 years with effect from 1st October, 1994.

It is also a common factor that on 23rd October, 1996 the Commissioner of Lands received a letter from the Director of City Planning and Architecture of Nairobi City Council, the 2nd respondent, that read as follows:-


My attention has been drawn to an allocation of the above space which is functionally a frontage/car parking servicing the existing shops.

This is to inform you that the allocation of the said space for use other than a car park/frontage to the existing shops is not acceptable from planning point of v…

There's more. Sign in to continue reading

JUDY is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.

Get started   Login