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Articles by Brenda Matu
Understanding The Corporation Under The Sectional Properties Act
Judy Kabubu’s articles from ENS are most popular: within Real Estate and Construction topic(s) in Africa in Africa with readers working within the Property industries ENS are most popular: within International Law, Environment and Antitrust/Competition Law topic(s) As we conclude our five-part series on sectional titles, we turn our attention to one of the significant institutional features of the new legal framework, the corporation established under the Sectional Properties Act (Cap 286)...
Decoding Sectional Property, Long-term Lease, Management Company Rights And Sectional Titles In Kenya
E ENS More ENS is an independent law firm with over 200 years of experience. The firm has over 600 practitioners in 14 offices on the continent, in Ghana, Mauritius, Namibia, Rwanda, South Africa, Tanzania and Uganda. Kenya' real estate sector has evolved rapidly, with apartments, gated communities, and mixed-use developments now common across the country. Kenya Corporate/Commercial Law
Land Rights In Kenya: Insights From The Supreme Court Of Kenya On Legitimate Expectation And Title Indefeasibility
In a landmark decision that reshapes Kenya's leasehold landscape, the Supreme Court of Kenya (the "Supreme Court") has delivered a powerful verdict in Sehmi & Another (the "Appellants") v Tarabana Company Limited & 5 Others (Petition E033 of 2023). The court addressed critical questions surrounding the renewal of leasehold interests over public land, the doctrine of legitimate expectation, and the doctrine of innocent purchaser.
Secure Your Collaterals: Key Takeaways From The Kenya's High Court Decision On Loan Securities
The High Court of Kenya (the "court") recently issued a judgment in the case of Commercial International Bank (CIB) Kenya Ltd (the "Bank") v Azofco General Merchants Limited (the "Borrower"). This judgment has major implications for lenders in Kenya as it sets a precedent for thorough due diligence on titles presented by borrowers as security for loans.
Secure your collaterals: Key takeaways from the Kenya’s High Court decision on loan securities
The High Court of Kenya (the “court”) recently issued a judgment in the case of Commercial International Bank (CIB) Kenya Ltd (the “Bank”) v Azofco General Merchants Limited (the “Borrower”). This judgment has major implications for lenders in Kenya as it sets a precedent for thorough due diligence on titles presented by borrowers as security for loans.
Kenya's Proposed Land Transaction Fee Revisions
The Government of Kenya intends to increase the fees payable for various land transactions. The primary objective is to amend the existing statutory instruments that govern fees payable for various categories of services offered under the Ministry of Lands. The fee adjustments are contained in Legal Notices enacted pursuant to the Statutory Instruments Act, No. 23 of 2013, and are yet to be gazetted.
Supreme Court Of Kenya Judgment: Due Diligence Crucial On Potential Property Investments
In the recent case of Torino Enterprises Limited v Attorney General (Petition 5 (E006) of 2022), the Supreme Court ("court") issued a judgment which could impact land acquisition procedures in Kenya. The court upheld its previous decision in the Dina Management case (as discussed here) affecting property investors and stakeholders in Kenya, and adds to the precedents in relation to due diligence in property transactions.
Supreme Court of Kenya judgment: Due diligence crucial on potential property investments
In the recent case of Torino Enterprises Limited v Attorney General (Petition 5 (E006) of 2022), the Supreme Court (“court”) issued a judgment which could impact land acquisition procedures in Kenya. The court upheld its previous decision in the Dina Management case (as discussed here) affecting property investors and stakeholders in Kenya, and adds to the precedents in relation to due diligence in property transactions.
Real Estate Regulation Bill, 2023
The Real Estate Regulation Bill was gazetted on 11 September 2023 and aims to regulate real estate agents, property developers, and land-buying companies that subdivide land for sale. It aims to professionalise the real estate sector and align it with global standards by emphasising transparency, accountability, and compliance.
Landmark Supreme Court Of Kenya Decision: Investigate Your Property Titles
The Supreme Court of Kenya has recently handed down a ground-breaking judgment in the case of Dina Management Limited v County Government of Mombasa & 5 others (Petition No. 8 (E010) of 2021). This ruling has major implications for property investors and stakeholders in Kenya and sets a precedent in relation to due diligence in property transactions.
Landmark Supreme Court of Kenya decision: investigate your property titles
The Supreme Court of Kenya has recently handed down a ground-breaking judgment in the case of Dina Management Limited v County Government of Mombasa & 5 others (Petition No. 8 (E010) of 2021). This ruling has major implications for property investors and stakeholders in Kenya and sets a precedent in relation to due diligence in property transactions.
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