YELLOW HORSE INNS LIMITED V. NDUACHI COMPANY LIMITED, CITY COUNCIL OF NAIROBI & JOHN KICH AYIECHO

JUDGMENT OF THE COURT

This appeal demonstrates that the problem for which the Commission of Inquiry on Irregular and Illegal Allocation of Land (the Ndungu Commission) was appointed to resolve has refused to go away. According to the Commission in its report of 2004, more than 200,000 title deeds were illegally created and registered between 1963 and 2002 alone. This number must have risen since the report was presented as disputes arising from such allocation or acquisition of land have continued to inundate the courts. Even as everyone hoped that with the subsequent promulgation of the Constitution in 2010 this problem would be firmly and with finality determined, the realities of double allocations of land continue to sink.

At the heart of this dispute are two properties, L.R No. 209/11803/2 and L.R No. 209/11803/3 (the suit properties). The 1^st appellant has a title to the former while the 2^nd appellant has one for the latter. On 16^th July, 2009, both appellants separately institute…