Kore Forests Limited v Attorney General & 4 others (Environment and Land Case 245 of 2021) [2026] KEELC 1406 (KLR)
The bottom line
#A Kwale court cancelled a land consent order obtained through fraud, freezing the disputed title while ownership is decided at trial.
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 2nd Interested Party has made out a case for the setting aside of the consent order adopted on 6th June 2022 in relation to property Title Number Kwale/Msambweni 'A'/1708
- 2.Whether an order of Rectification of the register as relates to property originally Title Number Kwale/Msambweni 'A'/1708 or any resultant titles thereof should be issued
- 3.Who will bear the Costs of Notices of Motion applications dated 17th November 2025
Key legal issues
#Whether the consent order adopted on 6th June 2022 should be set aside
Yes - it was procured through fraud and collusion, entered without valid authority (deceased party not substituted; plaintiff denied issuing instructions), and premised on fictitious court proceedings; it is null and void
The court applied the settled principle that consent orders have contractual effect and can only be set aside on grounds justifying setting aside a contract: fraud, collusion, illegality, mistake, absence of material facts. It found the 4th Defendant had died on 2nd October 2019 with no substitution, the plaintiff's own director denied knowledge of the suit and instructions, and non-parties' proprietary rights were affected without a hearing. The threshold for setting aside was satisfied.
Whether the register should be rectified to restore the 2nd Interested Party
No - deferred to full trial; preservatory orders (inhibition and status quo) issued instead
Section 80 of the Land Registration Act empowers rectification where registration was obtained through fraud or mistake, but rectification conclusively determines proprietary rights. Since ownership remains contested, rectification would be premature; only preservatory orders were appropriate at the interlocutory stage.
Costs of the application
No orders as to costs
Section 27(1) of the Civil Procedure Act provides costs follow the event, but the court exercised its discretion to reserve costs by not awarding any.
Legal principles established
#- A consent judgment or order has contractual effect and can only be set aside on grounds which would justify setting a contract aside
- Proceedings conducted against a deceased party without substitution of a legal representative are a nullity ab initio
- An advocate's ostensible authority presupposes a client-advocate relationship grounded on lawful instructions; absent instructions, a consent entered into is invalid
Court orders
#- 1.The consent order adopted on 6th June 2022 in respect of Title Number Kwale/Msambweni 'A'/1708 set aside in its entirety
- 2.An order of inhibition issued under Section 68(1) & (2) of the Land Registration Act, No. 3 of 2012 and Regulation 79(1) & (2) of the Land (General) Regulations, 2017 against Title Number Kwale/Msambweni 'A'/1708 and any resultant sub-divisions pending hearing and final determination of the suit
- 3.The Land Registrar Kwale County directed to maintain the status quo in the land register relating to Title Number Kwale/Msambweni 'A'/1708 pending final determination of the suit
- 4.The prayer for rectification of the land register deferred pending full hearing and determination of the suit
- 5.Final Pre-Trial Conference on 8th July 2026; hearing on 3rd November 2026 through physical means
- 6.No orders as to costs
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- Jurisdiction invoked
- Sections 1A, 1B, 3, 3A of the Civil Procedure Act, Cap. 21; Sections 68, 69 and 80 of the Land Registration Act, No. 3 of 2012; Order 22 Rule 22(1), Order 45 Rule 1 and Order 51 Rule 1 of the Civil Procedure Rules, 2010
Relief refused
#Rectification of the register restoring the 2nd Interested Party as registered proprietor
Rectification is a drastic remedy conclusively determining proprietary rights, which can only be ordered after a full hearing since ownership remains contested
Costs
There shall be no orders as to costs.
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 the consent order adopted by this Honourable Court on 6th June 2022 in respect of Title Number Kwale/Msambweni 'A'/1708 be and is hereby set aside in its entirety.
That an order of inhibition be and is hereby issued pursuant to the provision of Section 68 ( 1 ) & ( 2 ) of the Land registration Act, No. 3 of 2012 and Regulation 79 ( 1 ) & ( 2 ) of the Land (general Regulations) of 2017 against Title Number Kwale/Msambweni 'A'/1708 and any resultant sub - divisions thereof pending the hearing and final determination of this suit.
That for expediency sake there shall be a final Pre – Trial Conference conducted on 8th July, 2026 in accordance with the provision of Order 11 of the Civil Procedure Rules, 2010. There shall be hearing on 3rd November, 2026 preferably through Physical Means.
A court cannot interfere with a consent judgment except in such circumstances as would afiord good ground for varying or rescinding a contract between the parties.
any consent entered into purporting to bind a deceased party without substitution is incapable of conferring valid legal rights.
Issues in the judgment
#Date discrepancy: the Replying Affidavit of the 4th-6th Defendants is described as sworn on 29th January 2024, but the application it responds to is dated 17th November 2025
The replying affidavit responds to a consent dated 21st September 2023 and refers to 'Plaintiffs' while the application concerns a consent of 11th May 2022 and the Applicant; the responses appear directed at a different application/party
The party roles are internally inconsistent: the headings describe responses by the '4th, 5th and 6th Defendants/Respondents' and a '2nd Interested Party' Notice of Motion, while the introduction attributes the application to the Applicant (Panstafi Development Company Limited); the deponents of the supplementary affidavit state the motion is the 2nd Interested Party's
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kore Forests Limited v Attorney General & 4 others (Environment and Land Case 245 of 2021) [2026] KEELC 1406 (KLR)", Case Analysis (2026). ELC Case at Kwale (Notice of Motion dated 17th November 2025; suit relating to Title Number Kwale/Msambweni 'A'/1708). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/1406/eng@2026-03-05
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.