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Introduction

A Notice of Lis Pendens is a legal document filed in the public records to notify all interested parties that there is a pending lawsuit involving a particular piece of real estate. This notice serves to inform potential buyers or financiers that the property is subject to litigation, which could affect their interests. In Kenya, the filing of a Notice of Lis Pendens is governed by various legal provisions, including the Civil Procedure Act (Cap 21), the Land Registration Act (No. 3 of 2012), and the Land Act (No. 6 of 2012).

Legal Framework
- Civil Procedure Act (Cap 21)
- Land Registration Act (No. 3 of 2012)
- Land Act (No. 6 of 2012)
Components of a Notice of Lis Pendens
- Title and Heading
- Parties Involved
- Description of the Property
- Nature of the Litigation
- Signature and Date
Sample Notice of Lis Pendens
- Template
Conclusion

1. Legal Framework

Civil Procedure Act (Cap 21)

Section 52: This section provides for the issuance of a Notice of Lis Pendens, stating that any suit or proceeding pending in a court of law that affects the title to or the right to possession of immovable property shall be registered.

Land Registration Act (No. 3 of 2012)

Section 76: This section outlines the procedure for registering a Notice of Lis Pendens, including the requirements for the notice and the effects of such registration.

Land Act (No. 6 of 2012)

Section 107: This section deals with the general provisions regarding notices affecting land, including the Notice of Lis Pendens.

2. Components of a Notice of Lis Pendens

Title and Heading

The document should be titled "Notice of Lis Pendens" and should clearly indicate that it is a legal notice.

Parties Involved

The notice should list the names of the plaintiff(s) and defendant(s) involved in the litigation.

Description of the Property

A detailed description of the property in question, including its location, size, and any other identifying features.

Nature of the Litigation

A brief description of the nature of the lawsuit, including the claims being made and the relief sought.

Signature and Date

The notice should be signed by the attorney representing the party filing the notice and should include the date of filing.

3. Sample Notice of Lis Pendens

Template

REPUBLIC OF KENYA

IN THE ENVIRONMENT AND LAND COURT AT [COURT LOCATION]

CIVIL SUIT NO. [CASE NUMBER] OF [YEAR]

[PLAINTIFF'S NAME].................................................PLAINTIFF

VERSUS

[DEFENDANT'S NAME].............................................DEFENDANT

NOTICE OF LIS PENDENS

TO: THE REGISTRAR OF LANDS

TAKE NOTICE that a suit has been instituted in the Environment and Land Court at [Court Location], being Civil Suit No. [Case Number] of [Year], involving the following property:

DESCRIPTION OF PROPERTY:
- Title Number: [Title Number]
- Location: [Location]
- Size: [Size]
- Other Identifying Features: [Other Features]

NATURE OF LITIGATION:
The Plaintiff, [Plaintiff's Name], has filed a suit against the Defendant, [Defendant's Name], seeking [brief description of the claims and relief sought].

This notice is issued pursuant to Section 52 of the Civil Procedure Act (Cap 21), Section 76 of the Land Registration Act (No. 3 of 2012), and Section 107 of the Land Act (No. 6 of 2012).

DATED at [Location] this [Day] of [Month], [Year].

_________________________
[Attorney's Name]
[Law Firm's Name]
[Address]
[Contact Information]
[Signature]

4. Conclusion

A Notice of Lis Pendens is a crucial document in real estate litigation, serving to protect the interests of the parties involved and to inform potential buyers or financiers of the pending legal proceedings. By following the legal framework provided by the Civil Procedure Act, the Land Registration Act, and the Land Act, attorneys can ensure that the notice is properly filed and effective in safeguarding their clients' interests.

This comprehensive guide provides a detailed overview of the components and legal requirements for drafting a Notice of Lis Pendens in Kenya, ensuring that all necessary information is included and that the notice complies with the relevant legal provisions.