Karume Investments Limited v Kenya Shell Limited & another [2008] KECA 42 (KLR)
- Court
- Court of Appeal
- Case number
- 42
- Citation
- [2008] KECA 42 (KLR)
- Decided
- 19 December 2008
The Court of Appeal granted a stay of execution of the High Court's order, finding that the Commissioner of Lands' decision was arbitrary, capricious, and illegal.
Facts
In 1962, Kenya Shell Ltd. was granted a lease over the suit land. In 1963, the lease was sub-leased to several individuals. In 1998, the lease was extended for 50 years. In 2004, the Commissioner of Lands decided to sub-divide the land, allocating the portion with the petrol station to Kenya Shell Ltd. and the portion with flats to Karume Investments Ltd. Kenya Shell Ltd. challenged this decision.
Issues
- Whether the Commissioner of Lands' decision to sub-divide the land and allocate it to Kenya Shell Ltd. was arbitrary, capricious, and illegal.
- Whether the applicant should be granted a stay of execution pending an appeal against the decision of the High Court.
Reasoning
The Court of Appeal found that the Commissioner of Lands' decision to sub-divide the land and allocate it to Kenya Shell Ltd. was arbitrary, capricious, and illegal, and thus quashed the decision.
Outcome
Stay of execution granted
Orders
- An order of certiorari to remove into this court and quash the decision of the Commissioner of Lands
- An order of prohibition to prohibit the Commissioner of Lands from allocating the suit land to Karume Investments Ltd. or to any other person and from acting in any manner as to deny the applicant use of its extended lease over the suit land pending the hearing and determination of this application
- An order of mandamus to compel the Commissioner of Lands to issue a certificate of title in respect of the suit land in favour of the applicant
- An order of Judicial Review by way of certiorari, mandamus and prohibition in respect of LR No. 209/6268
Remedies
- Quashing the decision of the Commissioner of Lands
- Compelling the Commissioner of Lands to issue a certificate of title in respect of the suit land in favour of the applicant
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