KENYA SCHOOL OF LAW

ATP 100- CIVIL LITIGATION PROJECT WORK- ALL CLASSES

2021/2022 ACADEMIC YEAR

QUESTION A
The Constitution of Kenya, 2010 has been lauded for being progressive and
contributed greatly to access to justice by allowing parties to approach Court without
following stringent rules of procedure.
With the aid of decided cases, discuss how the Courts have dealt with the issue of
locus standi in Constitutional Litigation Process. (3 marks)
QUESTION B- (Corrected)
Komatsu property limited bought LR Number 209/23 from Micro-Cap Holdings
Limited in 2012 at a consideration of Ksh. 50,000,000. Due diligence at the time of
purchase entailed a search at the lands office which showed that Micro-Cap Holdings
Limited had a clean title to the property. All taxes including Stamp Duty, Rates and
Rents were duly cleared at the time of purchase. All clearance certificates were duly
issued. The Directors of KOMATSU PROPERTY LIMITED have since they obtained
the title deed kept it safely at Jamii Bora Bank. This was informed by the fact that
they are aware of the many cases where people steal title and fraudulently transfer the
same. Komatsu property limited went ahead to develop LR 209/23 into a commercial
property located at the leafy surburbs of Karen, Nairobi. Komatsu property limited has
since been collecting rent from its tenants amounting to Ksh. 1,200,000 per month
from September 2014 when the sale transaction was completed to date. Komatsu
property limited have been duly and timely paying their rates and rents to the relevant
authorities from 2012.
Last month, Komatsu property limited received a letter from the Chief Lands Registrar
informing them that there were irregularities that attended to the acquisition of title by
Micro-Cap Holdings Limited in 1997 and therefore, Micro-Cap Holdings title to the
land was null and void ab initio. The Registrar therefore informed Komatsu property
limited that no good title passed to them in 2012. By instrument of the said letter, the
Registrar said that Komatsu property limited title stood cancelled.
Abdalla Mashaka, a director of Komatsu property limited walks into your chambers
and narrates the above facts to you. He says that he has always trusted that this
Country has a robust Constitution that protects property rights. He says that your
firm has acquired recent reputation for enforcing people’s property rights and wants
you to help him get the same justice. He believes that a powerful person in
Government is behind this motive and as such, he urgently needs you to defend his
rights and protect his company’s title to property.

Prepare appropriate pleadings to secure your client’s rights. (10 marks)

1
QUESTION C
You have appeared before the Judge who has directed that you file written
submissions in support of your client’s, case limited to five (5) pages, font 12
Times New Roman, double spacing. Please proceed to prepare the said
submissions. (5 marks)

QUESTION D
Mr. Abdalla Mashaka informs you that he is curious to know what the Court of Appeal
is and whether his case can be filed there. His curiosity has been informed by the
ongoing debate on the BBI process and the constant slogan “the Court of Appeal will
stop reggae”. Proceed to advise Mr. Abdalla Mashaka. (2 marks).