Digest of Kenyan Court Proceedings on the Sectional Property Act

In this post, we compile a list of court proceedings regarding the Sectional Properties Act. We intend to continuously update this article to reflect the jurisprudence in the Kenya regarding the Act

Environment & Land Case No 298 of 2016

In this matter, an applicant challenges the development of an additional floor to existing sectional property. The matter is dismissed by the court as being speculative and part of an internal family feud.

Succession Cause 4 of 1986

In this matter, the courts directed that a developed property which cannot be further subdivided into separate plots can still be subdivided into sectional property.

Miscellaneous Civil Application 134B of 2015

This matter concerns the whether the Business Premises Rent Tribunal has the jurisdiction to determine disputes other than those disputes that arise in a landlord and tenant relationship and more so disputes arising from the provisions of the Sectional Properties Act. Can the tribunal adjudicate disputes between sectional property owners and institutional managers?

Civil Case No 304 of 2015

In this matter, members of an informal settlement community in Kibera, Nairobi petitioned the Human Rights division of the high court to prevent allocation of low cost sectional property that had been priced beyond their ability to purchase.

Civil Case No 553 of 2013

A civil matter concerning the delayed release of ownership to sectional property after buyer had completed making payment.

Civil Case No. 1316 0f 2002

In this matter, one of the individuals that were owning jointly owning property property with another individual successfuly petitioned the court to have  the entire property converted to sectional property so that she may be given a title for the half of the building that belonged to her. The court granted her prayer and ordered her to meet the costs of the conversion.

Civil Case No. 265 of 1999

In this matter, a tenant entered into a contract to purchase a shop under the sectional properties act from their landlord.

NOTES

  1. Updated on 15th July 2018 to include case No 265 of 1999, No. 553 of 2013 and No 304 of 2015
  2. Updated on 25th April 2019 to include Succession Cause 4 of 1986, Environment & Land Case 298 of 2016 and Miscellaneous Civil Application 134B of 2015

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