Republic v Land Registrar Kajiado Land Registry & another Ex-parte Applicant Maria Ntinyayian Lieseyo [2017] KEELC 1196 (KLR)

Summary at a glance

Facts

The ex parte Applicant is the registered owner of two parcels of land (suit lands) and found a caution registered against them by Solomon Tobiko, a family member, in 2014. The Applicant sought an order of mandamus compelling the Land Registrar and Attorney General to remove the caution.

Issues

• Whether the court should grant an order of mandamus compelling the Land Registrar and Attorney General to remove the caution registered against the suit lands.
• Whether the court should grant costs to the Applicant.

Reasoning

The court found that the caution affects the rights of the ex parte Applicant and that there is no more appropriate remedy than mandamus.

Outcome

The court granted the order of mandamus.

Orders

• An order of mandamus be and is hereby issued against the 1st and 2nd Respondents compelling them to remove and/or lift a caution registered by one SOLOMON TOBIKO in 2014 against all that parcel of land known as Land Reference No. KAJIADO/KITENGELA /38015 and KAJIADO/KITENGELA/38016 respectively.

Remedies

• Removal of the caution registered by Solomon Tobiko against the suit lands.

Authorities cited