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ELCPartially AllowedOriginating Summons dated 22/3/2024 (Meru ELC)

Vekaria & another v Njue (Enviromental and Land Originating Summons E003 of 2024) [2025] KEELC 7306 (KLR)

Environment and Land Court
24 October 2025
3,876 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~16 min to read original · ~4 min brief

The bottom line

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A Meru court ordered an apartment seller to secure the buyer's sectional title within 180 days, warning developers that years of inaction carry real legal consequences.

What this practically means

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Executive summary

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The plaintiffs, husband and wife, purchased Apartment No. 3 on the 2nd floor of Building No. 1 on LR No. Ntima/Igoki/5402, Meru, from the defendant under a sale agreement dated 24/2/2012. They paid the full purchase price and took possession in January 2014, but the defendant never processed a sectional title or constituted the statutory corporation under the Sectional Properties Act. They filed an originating summons under Order 37 rule 3 seeking declarations of ownership under the doctrine of constructive trust and orders compelling the defendant to subdivide the building, register a sectional plan, facilitate issuance of a sectional title, and establish a corporation under Section 17 of the Act. The defendant acknowledged the sale and beneficial ownership but claimed he had engaged a surveyor and incorporated a management company, Penthouse Suites Apartments Management Limited, and blamed delays at the Land Registry. The court found there was no evidence any registrable instrument had been lodged for registration; the defendant engaged a surveyor only after being served with suit papers, and the 13-year delay was inordinate. The Companies Act company with the defendant and his mother as sole directors and shareholders was not the corporation contemplated under Section 17, which stands automatically constituted upon registration of a sectional plan with all unit owners as members. Judgment was entered for the plaintiffs: the substantive prayers were granted, the defendant given 180 days to complete all steps for issuance of the sectional title, with a default order empowering the Deputy Registrar to execute instruments at the defendant's cost. Each party was directed to bear its own costs, the court noting both parties had overlooked the absence of contractual timelines.

Questions the Court framed

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The issues the Court set itself to decide, in its own words.

  1. 1.Whether the defendant and the plaintiffs entered into an agreement for sale of an apartment dated 24/2/2012
  2. 2.Whether the plaintiffs paid in full all the consideration price to the defendant
  3. 3.Whether the plaintiffs took occupation of the apartment sold
  4. 4.Whether the defendant is a trustee holding the purchased apartment in trust for the plaintiffs under the doctrine of constructive trust
  5. 5.Whether the defendant has failed to prepare, process and complete the sectional properties title in favour of the plaintiffs in breach of the Sectional Properties Act
  6. 6.Whether the defendant has failed to incorporate or form and register a corporation within Section 17 of the Sectional Properties Act No. 21 of 2020
  7. 7.Whether the defendant ought to be compelled to conclude all the requisite steps for issuance of a sectional property title and to establish a corporation pursuant to Section 17 of the Act
  8. 8.Whether the plaintiffs are entitled to the reliefs sought plus costs

Key legal issues

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01

Whether the defendant discharged his obligations under Sections 4 and 5 of the Sectional Properties Act to prepare and register a sectional plan

Holding

He did not; for 13 years he took no steps, engaging a surveyor only after being served with suit papers, and the sectional plan was neither procured nor presented for registration

Reasoning

The sale agreement contained no timelines, but the defendant was served in April 2024, 12 years after the transaction. His surveyor's report of June 2024 revealed encroachment onto the abutting road requiring resurvey and realignment, yet no evidence showed he acted on that professional advice. The 13-year delay was inordinate and he blamed the Land Registry without evidence that any registrable instrument had been lodged.

p. 6
02

Whether the defendant constituted the corporation required under Section 17 of the Act

Holding

He did not; the Penthouse Suites Apartments Management Limited company under the Companies Act was not the Section 17 corporation

Reasoning

The corporation contemplated under Section 17 is not a company under the Companies Act, which the Act expressly precludes from applying to it. It stands automatically constituted on registration of the sectional plan with all unit owners as members. The exhibited certificate of incorporation named the defendant and his mother as the only directors and shareholders, which does not meet the statutory framework.

p. 7
03

Whether the plaintiffs are entitled to the reliefs sought

Holding

Yes; questions 1 to 8 answered in the affirmative, with the compliance period enhanced to 180 days

Reasoning

The plaintiffs proved full payment and possession, and the defendant did not contest their beneficial ownership. The defendant failed to show compliance with the Act or that delays lay with the Land Registry. The court found the case proved on a balance of probabilities and granted the substantive reliefs, extending the completion period to 180 days.

p. 7

Legal principles established

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  • The obligation to prepare, procure and register a sectional plan and to constitute the corporation under the Sectional Properties Act lies with the developer/owner of the mother title.
  • A management company registered under the Companies Act is not the corporation contemplated under Section 17 of the Sectional Properties Act; that corporation stands automatically constituted upon registration of the sectional plan with all unit owners as members.

Court orders

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  1. 1.Prayers (a), (b), (c), (d) and (e) are granted as prayed
  2. 2.The defendant is decreed to complete all actions, processes and steps required to procure issuance of a sectional property title for Apartment No 3, 2nd Floor, Building No 1, LR No Ntima/Igoki/5402 within 180 days from the date of the judgment
  3. 3.In default, the Deputy Registrar of the Court shall execute all relevant instruments and the plaintiffs shall undertake the said processes and procure the sectional title, all at the cost of the defendant
  4. 4.Parties will bear their respective costs of the suit

The bench

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One judgment of the whole court — no separate or dissenting opinions.

majority

Wrote the judgment

Jurisdiction invoked
Original jurisdiction under the Sectional Properties Act No. 21 of 2020 and Order 37 rule 3 of the Civil Procedure Rules

Relief refused

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Costs of the suit against the defendant

The dispute arose because both parties overlooked defining contractual timelines; each party to bear its own costs

p. 7

Costs

Parties will bear their respective costs of the suit (each party to bear their own costs).

Quotable passages

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Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.

From the evidence on record, other than engaging a surveyor upon being served with suit papers relating to this case, there is nothing to suggest that the defendant was or is undertaking his obligations under Sections 4 and 5 of the Sectional Properties Act. The 13-year delay is, without doubt, inordinate.
p. 6Inordinate delay by developer in procuring sectional plan
The corporation contemplated under Section 17 of the Act stands automatically constituted upon registration of a sectional plan. The registration number of the corporation is the number assigned to the sectional plan on registration.
p. 7Constitution of management corporation under Section 17
the court is satisfied that the plaintifis have proved their case on a balance of probabilities and enters judgment in their favour and against the defendant as follows
p. 7Disposition - judgment for plaintiffs
In default of the defendant procuring the sectional title, the Deputy Registrar of this Court shall execute all the relevant instruments and the plaintifis shall undertake the said processes, actions and steps, including the processes recommended by the surveyor, and procure the sectional title, all at the cost of the defendant.
p. 7Default order empowering Deputy Registrar to execute instruments
Parties will bear their respective costs of this suit.
p. 8Costs order

Issues in the judgment

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minor

Defendant's written submissions date printed as '341/7/2025', an apparent typographical error

minor

Paragraph 32 answers questions 1 to 7 in the affirmative including constructive trust, though the judgment's analysis focuses on the Sections 5 and 17 obligations

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Vekaria & another v Njue (Enviromental and Land Originating Summons E003 of 2024) [2025] KEELC 7306 (KLR)", Case Analysis (2025). Originating Summons dated 22/3/2024 (Meru ELC). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/7306/eng@2025-10-24

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.