- Lady Justice Abigail Mshila emphasised the legal insufficiency of the petition brought before the court.
- The developer had submitted before the court the need for real estate firms to be protected against suits that target to halt processes of legal company entities.
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The High Court in Kiambu has dismissed a petition seeking to halt the issuance of title deeds for a project jointly undertaken by real estate firm Finscco Africa and Legacy Ridges.
Lady Justice Abigail Mshila, in her ruling, upheld a preliminary objection dated May 11, 2023, thus clearing a major hurdle for the project.
“The application is found to be incompetent and it is hereby struck out,” stated Mshila, emphasising the legal insufficiency of the petition brought before the court.
The legal battle centred around a project in Kiambu county dubbed the Legacy Ridges, where the developer Finsco Africa had sought a court order to distinguish between commercial and succession issues.
The developer had submitted before the court the need for real estate firms to be protected against suits that target to halt processes of legal company entities as provided for under the company’s Act because of grievances of specific individuals.
The respondents, Wamikey Estate Limited and 16 others argued forcefully against the petition, describing it as misconceived, bad in law, mischievous, incompetent, and an abuse of the court process.
They maintained that the issues had been previously adjudicated and were, therefore, subject to the doctrine of res judicata, which prevents the same case from being litigated multiple times.
Despite the applicant’s argument that the new application was not barred by the doctrine of res judicata due to fresh evidence emerging from previous summons.
Lady Justice Mshila clarified that “For the doctrine of res judicata to apply, there must be evidence that the same issues have been adjudicated by a competent court, involving the same parties under the same title”
The dismissal of the petition allows Finsco Africa and legacy ridges to progress with the title deed process at the Ministry of Lands and Housing, even as the succession case moves forward to its next stage.
Finsco Africa is in the process of constructing affordable housing units as part of their mixed-use development project at Legacy Ridges.
This ambitious project spans 100 acres in Ruiru Town, opposite Nova Pioneer Girls, off the Thika Super Highway and primarily targets low and middle-income earners.
The project, which is being executed in phases, will comprise 1,500 units, which will include affordable modern maisonettes with servant quarters and bungalows for their existing clients through their Home Direct product.
The phased development is expected to address the housing needs of a significant portion of the local population, contributing to the region's economic growth and providing modern, affordable housing solutions.
With the title deed issue now resolved, Finsco Africa said it will now focus on the successful execution of their project, ensuring that they meet their development timelines and deliver housing to their target market.