Republic v Commissioner of Lands & 2 others Ex parte Antiocha Limited & 2 others [2016] KEELC 783 (KLR)
- Court
- Environment & Land Court
- Case number
- 783
- Citation
- [2016] KEELC 783 (KLR)
- Decided
- 24 June 2016
Summary at a glance
TypeJudicial ReviewPostureEx parte Application for Mandamus and ProhibitionCoramO. A. Angote
The Respondents' actions in cancelling the Applicant's title were illegal and ultra vires, and the Applicant's title is valid.
Facts
The Applicant was registered as the proprietor of the suit property on August 13, 2001, after purchasing it from three individuals. The Respondents cancelled the Applicant's title and issued a new title to the Interested Parties.
Issues
- Validity of Respondents' actions in cancelling the Applicant's title
- Compliance with the rules of natural justice
Reasoning
The Respondents do not have the legal mandate to cancel the Applicant's title, and their unilateral actions violated the principles of natural justice and the Constitution.
Outcome
The Ex-parte Application is allowed.
Orders
- The Respondents are ordered to cancel the new title issued to the Interested Parties and restore the Applicant's title
Remedies
- Restoration of the Applicant's title
Authorities cited
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