Court blocks dealings on land claimed by Rea Vipingo

A judge has issued an order blocking the land registrar in Mombasa and Kilifi counties from issuing title deeds over five parcels of land claimed by Rea Vipingo Group.

Rea Vipingo Plantations Limited and Vipingo Development Plc complained that there was a scheme to transfer the contested parcels in Takaungu in Kilifi County to third parties, in defiance of the court order.

According to the company, the new titles were being issued in collusion with the Land Registrar to third-party companies while a case between them and five individuals was pending in court. Rea Vipingo submitted that allowing any transactions on the contested parcels will only serve to complicate the outcome of the case.

The plantations firm said the same will possibly expose the company to extended litigation against third parties who ought to have been notified by the Land Registrar that there were legal impediments to the registration of new transactions on the land.

Environment and land court judge James Olola noted that in a ruling on March 11, 2024, another judge had ordered the maintenance of the status quo regarding the contested parcels and also issued an order restraining six individuals, who had titles to the land, from interfering with the land.

“From a perusal of the Supporting Affidavit to the 2nd Defendant's (Rea Vipingo) application, it is apparent that in blatant disregard of the orders for the maintenance of the status quo, the 1st to 5th Plaintiffs proceeded to surrender the title numbered Land Reference MN/IV/663 - CR 79015 which was in their custody and contemporaneously applied at the Kilifi Land Registry for the sub-division and conversion of the suit properties into five parcels which they registered in their names,” said the judge.

The court was told that Mr Tembo Mwangombe, Ngumbao Kenga, and four others had obtained duplicate title numbers on the contested parcels of land and the Land registrar allegedly facilitated the removal of the restriction registered against the land.

The company said the titles were processed and issued in contravention of the express orders of the court.

The company said it was also in the best interest of the general public that such restrictions on dealings be imposed to protect unsuspecting members of the public from falling prey to the mischievous and fraudulent schemes.

“In the circumstances herein and having found that the acts of the 1st to 5th Plaintiffs as well as those of the 2nd Interested Party (Land registrar) were in defiance of the court orders issued on 11th March, 2024, I find merit in the 2nd Defendant's Motion dated March 28, 2025 and I allow the same,” said the judge.

The court at the same time dismissed an application by Mr Mwangombe and five others, seeking to reinstate their case, which was dismissed in March, after failing to appear in court to prosecute it.

The five had claimed that there was a communication breakdown with their lawyers, hence their failure to appear in court.

“Flowing from the above, I am equally not satisfied that the Plaintiffs have given any sufficient or satisfactory explanation for their absence and failure to prosecute their suit and to warrant its reinstatement,” the judge said.

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