Law Society of Kenya v 1. Commissioner of Lands ) 2. Lima Limited ) 3. Uasin Gishu Land Registrar )
The bottom line
#The Court of Appeal froze any transfer of Eldoret land housing the High Court, ruling the Law Society of Kenya's challenge deserved a full hearing.
What this practically means
#Executive summary
#Key legal issues
#Arguability of the appeal on the Society's locus standi
The Society raised arguable points: as a statutory body under the Law Society of Kenya Act, Cap 18, it need not sue under the Societies Act, and its interests could merge with those of the Judiciary in preserving the land on which the Eldoret High Court stands.
The court identified the Society as a statutory body corporate with a common seal, so the preliminary objection holding that it had no locus standi was arguable. It also found the Society's interest in preserving the land housing the High Court arguable. Only two arguable points were needed and the court declined to explore more.
Nugatory-ness of the intended appeal
Success in the intended appeal would be rendered nugatory if the status quo was not maintained, because alienation of the plots would divest the High Court building land to a third party.
The court reasoned that if the parcels were alienated to Lima Limited, the High Court building would belong to someone else, an outcome that could not be allowed to happen pending the appeal. The nugatory limb was therefore satisfied without difficulty, justifying maintenance of the status quo.
Legal principles established
#- An applicant under rule 5(2)(b) must demonstrate both an arguable appeal and that success in the intended appeal would be rendered nugatory if the order sought is not granted.
- An arguable appeal need not be multiplicious; a single or few good arguable points suffice.
Court orders
#- 1.Status quo now obtaining to remain in force pending the hearing and determination of the intended appeal
- 2.Costs of the application to be costs in the intended appeal
- On appeal from
- High Court of Kenya at Nakuru (delivered at Nairobi)
- H.C.C.C. No. 464 of 2000
- Jurisdiction invoked
- Rule 5(2)(b) of the Court of Appeal Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Law Society of Kenya v 1. Commissioner of Lands ) 2. Lima Limited ) 3. Uasin Gishu Land Registrar )", Case Analysis (2003). Civil Application No. NAI. 181 of 2002. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2004/48/eng@2004-02-28
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.