[2004] KEHC 2377 (KLR)
The court found that the Plaintiff, as lessor, had imposed a valid condition requiring its consent for any transfer of the lease. The transfer to the 2nd Defendant was effected without such consent, and the 3rd Defendant registered the transfer in contravention of the Registered Land Act. The 1st Defendant had...
Source-derived case information.
- Citation
- [2004] KEHC 2377 (KLR)
- Parties
- Plaintiff: Kenya Ports Authority; Defendant: A. Baumann & Co. Ltd; Defendant: Raywood Holdings Ltd; Defendant: The Land Registrar, MSA
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- ? 21 of 2004
- Procedural Posture
- Civil Case / Ruling on Interlocutory Application
- Outcome
- application allowed
- Legal Topics
- Lease Transfer, Consent Requirement, Land Registration, Nullification of Transfer
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kenya Ports Authority
Plaintiff
A. Baumann & Co. Ltd
Defendant
Raywood Holdings Ltd
Defendant
The Land Registrar, MSA
Defendant
Procedural Posture
Civil Case / Ruling on Interlocutory Application
Legal Issues
- 1 Whether the transfer of the lease to the 2nd Defendant without the Plaintiff's consent was valid under the Registered Land Act.
- 2 Whether the registration of the transfer by the 3rd Defendant should be nullified.
Ratio Decidendi
The court found that the Plaintiff, as lessor, had imposed a valid condition requiring its consent for any transfer of the lease. The transfer to the 2nd Defendant was effected without such consent, and the 3rd Defendant registered the transfer in contravention of the Registered Land Act. The 1st Defendant had already parted with the property and had no further interest. The Plaintiff established a prima facie case with a chance of success, justifying the confirmation of the ex parte orders and granting of the application to nullify the registration in favour of the 2nd Defendant.
Court Disposition
application allowed
Orders
- Ex parte orders previously granted are confirmed.
- Prayers (b) and (c) of the application are granted.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MOMBASA DISTRICT REGISTRY
CIVIL CASE NO. 21 OF 2004
KENYA PORTS AUTHORITY…………………………….PLAINTIFF
=V E R S U S=
1. A. BAUMANN & CO. LTD………………………1ST DEFENDANT
2. RAYWOOD HOLDINGS LTD…………………..2ND DEFENDANT
3. THE LAND REGISTRAR, MSA…………………3RD DEFENDANT
R U L I N G
The Applicant/Plaintiff is the registered Lessor of the suit premises. He transferred the lease to 1st Defendant with a condition that no transfer shall be effected without the consent of the Plaintiff. It is now shown that the suit premises have been transferred to the 2nd Defendant without the consent of the Plaintiff. The 3rd Defendant who is Land Registrar concerned did cause the registration of transfer of the property to the 2nd Defendant contrary to provisions of Registered Land Act, Cap.300. It is sought by Plaintiff to nullify the registration in favour of the 2nd Defendant.
As far as the 1st Defendant is concerned, it has already parted with the property by the registration of Title to another as indicated in the Search Form exhibited. I find that the 1st Defendant has no longer any interest in the property.
Orders granted do not affect him and it is my view that the Plaintiff has shown a prima facie case with a chance of success.
In the circumstances I confirm the exparte orders granted.
I allow the Applicationx and grant prayers (b) and (c). Costs in the cause.
Dated at Mombasa this 12th day of February, 2004.
JOYCE KHAMINWA
J U D G E
Mr. Kilonzo:- I pray for certified copy of Ruling and uncertified proceedings.
Court:- Orders accordingly.
JOYCE KHAMINWA
J U D G E