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Notice of Lis Pendens


NOTICE OF LIS PENDENS

TO: [Name of the Registrar] FROM: [Name of the Real Estate Attorney] DATE: [Date] **RE: Property Located at [Property Address]


1. Introduction

This Notice of Lis Pendens is hereby filed by [Name of the Real Estate Attorney], representing [Name of the Plaintiff], in relation to the property located at [Property Address]. This notice serves to inform all interested parties that a lawsuit has been filed concerning the title to, or ownership of, the aforementioned property.

2. Legal Basis

This notice is filed pursuant to the provisions of the Civil Procedure Act, Cap 21 Laws of Kenya, and any other relevant laws and regulations governing the filing of a Notice of Lis Pendens in Kenya.

3. Details of the Lawsuit

  • Case Number: [Case Number]

  • Court: [Name of the Court]

  • Plaintiff: [Name of the Plaintiff]

  • Defendant: [Name of the Defendant]

  • Property Description: [Detailed Description of the Property, including Title Number, Location, and any other relevant details]

4. Nature of the Claim

The Plaintiff has filed a lawsuit against the Defendant, claiming [briefly describe the nature of the claim, e.g., ownership dispute, breach of contract, etc.]. The Plaintiff asserts that they have a legitimate interest in the property and seeks the court's intervention to resolve the matter.

5. Effect of the Notice

This Notice of Lis Pendens serves as a public declaration that the title to, or ownership of, the property is currently under litigation. It is intended to notify all potential buyers, lenders, and other interested parties that the property is subject to a pending lawsuit. Any transactions involving the property during the pendency of this lawsuit may be affected by the outcome of the litigation.

6. Conclusion

All interested parties are hereby advised to take notice of this pending litigation and to govern themselves accordingly. For further information or inquiries, please contact [Name of the Real Estate Attorney] at [Contact Information].


[Signature]

[Name of the Real Estate Attorney]
[Law Firm Name]
[Address]
[Phone Number]
[Email Address]


Sources:

  • Kenya Law Reports

  • Civil Procedure Act, Cap 21 Laws of Kenya


TLDR: This document is a Notice of Lis Pendens, filed to inform all interested parties that a lawsuit concerning the title to, or ownership of, a specific property is pending. It serves as a public declaration to notify potential buyers, lenders, and other interested parties of the ongoing litigation.


Conclusion

Filing a Notice of Lis Pendens is a crucial step in protecting the interests of parties involved in real estate litigation. It ensures that all potential stakeholders are aware of the pending lawsuit and the potential implications on the property in question. This notice should be filed in accordance with the relevant legal provisions to ensure its validity and enforceability.


Sources:

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