Odindo v First Riverside Acres Limited; Chief Land Registrar (Interested Party) (Environment and Land Case E332 of 2024) [2025] KEELC 7628 (KLR)
The bottom line
#What this practically means
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether the Plaintiff has made a case for an order of specific performance against the Defendant, compelling it to register a sub-lease in her favour for Apartment No. 4 on LR 4275/64 and in the alternative the Interested party to do so
- 2.Whether the Defendant should be permanently restrained from interfering with Apartment No. 4 on LR 4275/64
Key legal issues
#Whether the Plaintiff was entitled to specific performance of the sale agreement
Yes. There was a duly executed contract, the Plaintiff paid the full purchase price which was acknowledged, and the Defendant tendered no evidence to controvert the claim or explain the failure to register the sublease.
The court examined the exhibits and found a duly executed Sale Agreement dated 16th December 2016. The Plaintiff paid the full purchase price of Kshs. 15 million, acknowledged by the Defendant on 6th December 2017, and availed all requisite completion documents. The Defendant and Interested Party, though served, did not enter appearance, so the claim was uncontroverted. Associating itself with the cited authorities, the court held the ingredients of specific performance - a valid contract and performance by the Plaintiff - were satisfied, and entered judgment on a balance of probability.
Whether the Defendant should be permanently restrained from interfering with the property
Yes. An injunction was granted barring the Defendant and those acting under it from interfering with the Plaintiff's ownership, occupation and possession of the apartment.
Having found that the Plaintiff proved her entitlement to the apartment under a valid contract and having paid the full purchase price, the court found she met the threshold for a permanent injunction. The claim being uncontroverted, no countervailing evidence existed to displace the relief. The injunction mirrors prayer (c) of the plaint and protects the Plaintiff's ownership, occupation and possession pending and after registration of the sublease.
Legal principles established
#- A valid enforceable contract requires offer, acceptance and consideration before a claim for breach can be brought
- Specific performance is a discretionary equitable remedy predicated on a valid enforceable contract and unavailable where the contract is defective or an adequate alternative remedy exists
Court orders
#- 1.An order of specific performance directing the Defendant to immediately prepare, execute and register a sublease in favour of the Plaintiff for Apartment No. 4 of LR 4275/64, First Riverside Acres or whichever other name the property is known by after conversion process and avail all registration documents to the Plaintiff, within sixty (60) days from the date of judgment
- 2.In default of compliance, the Chief Land Registrar, Nairobi is directed to proceed to prepare, execute and register the sublease in favour of the Plaintiff and avail all registration documents
- 3.An injunction barring the Defendant, its agents, representatives, assigns or any other person acting under their instructions from interfering in whatever manner with the Plaintiff's ownership, occupation and possession of Apartment No. 4 of LR 4275/64
- 4.Costs of the suit awarded to the Plaintiff, to be borne by the Defendant
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- Jurisdiction invoked
- Original civil jurisdiction of the Environment and Land Court over a dispute concerning an apartment on LR No. 4275/64, First Riverside Acres (land/lease registration dispute); no specific provision stated in the judgment
Quotable passages
#Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.
That an order of specific performance be and is hereby issued directing the Defendant to immediately prepare, execute and register a sublease in favour of the Plaintifi for Apartment No. 4 of LR 4275/64, First Riverside Acres
Failure to comply with to prayer (a) above, the Chief Land Registrar, Nairobi is hereby directed to proceed to prepare, execute and register the sublease in favour of the Plaintifi
I find that the Plaintifi has proved her case on a balance of probability and will proceed to enter judgement in her favour in the following terms
The basic rule of the law of contract is that the parties must perform their respective obligation in accordance with the terms of the contract executed by them
specific performance will not be ordered if the contract sufiers from some defect such as mistake or illegality or if there is an alternative efiective remedy
Issues in the judgment
#The judgment does not state the parties' actual names, the case number, or identify the Defendant and Interested Party by name; it refers to them only as 'the Defendant' and 'the Interested party'
Typographical/numbering error in the judgment: the disposition is numbered '1.' after paragraph 15, breaking the paragraph sequence
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Odindo v First Riverside Acres Limited; Chief Land Registrar (Interested Party) (Environment and Land Case E332 of 2024) [2025] KEELC 7628 (KLR)", Case Analysis (2025). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/7628/eng@2025-11-05
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.