Republic & another v Chief Land Registrar & 2 others [2015] KEELC 181 (KLR)
- Court
- Environment & Land Court
- Case number
- 181
- Citation
- [2015] KEELC 181 (KLR)
- Decided
- 5 October 2015
The Court held that the Chief Land Registrar does not have the power to expunge records and rectify the land registration in the absence of fraud, as such actions are not within the scope of the Registered Land Act, Cap 300.
Facts
The ex-parte applicant, Richard Joseph Mathenge, claims to be the registered proprietor of a land parcel. The Chief Land Registrar issued a notice requiring Mathenge to show cause why his name should not be expunged from the records due to allegations of fraud in the transfer documents.
Issues
- Whether the Chief Land Registrar has the power to expunge records and rectify the land registration in the absence of fraud
- The applicability of the Registered Land Act, Cap 300 (repealed) and the Land Registration Act, 2012
Reasoning
The Court determined that the Registered Land Act, Cap 300, does not authorize the Registrar to rectify records based on allegations of fraud, and that the Land Registration Act, 2012, does not provide for such rectification in the absence of fraud.
Outcome
The Court ordered the respondents to refrain from expunging records and rectifying the land registration in the suit property.
Orders
- Prohibition against the respondents from expunging records and rectifying the land registration in the suit property
Authorities cited
Legislation (1)
- Land Registration Act, 2012
Cases cited (2)
- Republic V. Secretary of State for Education and Science ex parte Avon County Council (1991) 1 ALL ER 282 at 285
- Kenya National Examination Council V. Republic (supra)
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