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Educational sample. Replace bracketed fields using your evidence.
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT NAIROBI
CASE OR APPLICATION NO [appropriate reference]
[APPLICANT OR CLAIMANT] v [RESPONDENT OR DEFENDANT]
AFFIDAVIT
1. I, [authorised officer], make oath and state as follows. I am the deponent of the Applicant’s supporting affidavit and make this supplementary affidavit in response to paragraphs [numbers] of the Respondent’s replying affidavit, with leave or directions of the Court as required.
2. The Applicant is not the vendor’s spouse and was not a party to the matrimonial proceeding relied upon. I distinguish the Applicant’s corporate records from assertions about the vendor’s private affairs, of which I have no personal knowledge.
3. The Applicant obtained an official search before purchase. That search and the transfer record are annexed as S1. The documents disclose the registered ownership and the entries apparent at the relevant dates.
4. At the time of the Applicant’s inspection, the land was vacant. The inspection material available is [identify contemporaneous material]. I do not make a wider assertion about occupation or improvements at an earlier date without evidence.
5. The Respondent alleges irregular removal of an earlier caution. I annex the certified register and the registry material available to the Applicant as S2. I ask the Court to examine that issue on the actual entries and documents, rather than treating an allegation as an established defect in title.
6. The Applicant did not receive written notice of the challenged restriction and was not heard before its entry. The replying affidavit identifies [state accurately whether any notice or service evidence is exhibited]. The Applicant maintains its request for a statutory hearing.
7. I deny any collusion by the Applicant to defeat a known matrimonial right. The basis of that denial is the purchase sequence, search and correspondence annexed. I do not assert that a clear search conclusively disposes of every possible fraud or beneficial-interest claim.
8. Any order in the matrimonial file should be read according to its terms and date. I disclose [identify authenticated relevant order, if any]; no order is supplied here as a substitute for the register evidence.
9. I ask that the Court determine the removal application on the statutory procedure while leaving any substantive ownership issues to properly constituted proceedings.
SWORN by [deponent] at [place] on [date]. Signature [ ]. BEFORE ME [Commissioner for Oaths]. This sample has not been sworn.
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An advocate confirms availability, scope and fees before accepting your matter.Educational reconstruction based on a reported decision. Newly drafted sample, not an original filing or a matter handled by our team. Identifying details are replaced with bracketed fields. Check your facts, current rules, court directions and jurisdiction before use.
Use and evidence notes
A supplementary affidavit needs an actual new issue to answer. Seek the necessary leave or comply with existing directions; do not use it to introduce an entirely different claim. Confine statements about fraud to the pleaded acts and the deponent’s knowledge.
S1 search and purchase chronology; S2 certified registry entries; S3 relevant orders and correspondence referred to in the response.
Source facts and limits of the decision
A developer bought land for KES 12,500,000 after a registry search disclosed no encumbrance. A restriction subsequently interrupted development and off-plan sales. A spouse asserted rights connected with a pending matrimonial dispute. The registered developer said it had not been notified or heard and had unsuccessfully asked the Registrar for a hearing.
The court removed the restriction with costs because the statutory notice and hearing safeguards were not observed. It did not finally determine the matrimonial ownership dispute or declare that every allegation of fraud was false.
Land Registration Act sections 76, 77 and 78, particularly the court route under section 78(2). A restriction and a caution are different entries; obtain the actual register before choosing a remedy.
Read the original reported decision: [2015] KEELC 655 (KLR) — 13 February 2015
The original judgment may identify participants. These samples remove their names; allegations and unsuccessful arguments are identified as such. The primary judgment was checked against a previously preserved full text. Current live retrieval of Kenya Law is unavailable in this session.
Related legislation and procedure
Land Registration Act · Civil Procedure Act · Civil Procedure Rules
Read these alongside the source decision and your agreement. Check the law applicable to the material dates and the correct jurisdiction and procedure before adapting this sample.
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