Shah & another v Chief Land Registrar & 4 others (Environment and Land Case E052 of 2025) [2026] KEELC 62 (KLR)

The court noted two conflicting gazette notices (17th July 2017 favouring the deceased and 8th February 2019 favouring the 5th defendant). Appeals from either would be time-barred under Rule 30 and would not resolve the dispute. The conflicting decisions by the same constitutional commission raise serious constitutional controversy which the court is mandated to resolve under Article 162 and Section 13 of the ELC Act, and Article 159(2)(d) favours substantive justice. Exceptional circumstances therefore justify original jurisdiction.

Although the events of 1980 and 1986 relied on by the 5th defendant occurred many years ago, more recent events (the 2015 transfer, the conflicting gazette notices and the 2019 addendum) constitute the proximate cause of the suit. The court had dismissed a similar preliminary objection in Malindi ELC E069 of 2024. The limitation issue would prejudice no party if ventilated at the full hearing.

The Land Registrar's affidavit showed the land was once registered in the deceased's names, the title was never surrendered and was used as security for credit. The nullification of the 1986 Circular and Gazette Notice and the NLC's restriction directive, which preceded issuance of the 5th defendant's title, render the validity of that title questionable. Such questions require evidence and cross-examination, justifying preservation of the status quo by inhibition pending trial.