Republic v Attorney General & another Ex-Parte George Mbugua Muriithi [2018] KEELC 2297 (KLR)

Summary at a glance

Facts

The applicant is the registered owner of land parcels KAJIADO/ KAPUTIEI – NORTH/ 58736; KAJIADO/ KAPUTIEI – NORTH/ 58737; and KAJIADO/ KAPUTIEI – NORTH/ 58738, whose Green Cards are missing. The Land Registrar has refused to replace or reconstruct the Green Cards.

Issues

• Whether the applicant is entitled to leave to commence judicial review proceedings against the respondents.
• Whether the refusal by the Land Registrar to replace/reconstruct the Green Cards is illegal, actuated by malice and ill motive to deny the applicant his properties.

Reasoning

The court finds that the applicant is entitled to leave to commence judicial review proceedings due to the Land Registrar's refusal to replace/reconstruct missing Green Cards, which is illegal and motivated.

Outcome

The ex parte applicant’s Chamber summons application is allowed.

Orders

• The ex parte applicant is granted leave to apply for orders of mandamus compelling the Land Registrar to reconstruct the register or replace the green card in the register for the specified land parcels.
• The costs are to be provided for.

Remedies

• Leave to commence judicial review proceedings.
• Orders of mandamus compelling the Land Registrar to reconstruct the register or replace the green card in the register for the specified land parcels.

Authorities cited