Peter Kathurima Miriti v District Land Registrar Meru Central District [2018] KEELC 2550 (KLR)
- Court
- Environment & Land Court
- Case number
- 2550
- Citation
- [2018] KEELC 2550 (KLR)
- Decided
- 28 June 2018
The Court found that the Respondent did not provide the necessary legal provisions to revoke the title and that the Applicant's right to fair administrative action was violated. The Court granted the reliefs sought.
Facts
The suit land was registered in the name of the Applicant, Peter Kathurima Miriti, under the Land Registration Act. The District Land Registrar, Meru Central District, issued a Gazette notice revoking the suit land due to it being reserved for public purposes.
Issues
- Did the Respondent have power to revoke the titles for the suit land.
- Was the Exparte Applicant's right to fair administrative action violated.
- Is the exparte Applicant entitled to the reliefs sought?
Reasoning
The Court ruled that the Respondent's revocation of the suit land was not lawful and that the Applicant's right to fair administrative action was violated. The Court granted the reliefs of certiorari, mandamus, and prohibition.
Outcome
The Court granted the reliefs of certiorari, mandamus, and prohibition.
Orders
- Certiorari to remove the decision of the District Land Registrar into this Court and quash it.
- Mandamus to the District Land Registrar to re-instate the ex-parte Applicant's title to the suit land.
- Mandamus to the District Land Registrar to cancel the entry itemized as entry No. 5 in the register for Plot No. MERU MUNICIPALITY/BLOCK II/774 and to re-instate the registration of the ex-parte Applicant as the owner of the suit land.
- Prohibition to the District Land Registrar to prevent any further attempts to revoke the ex-parte Applicant's title to the suit land.
Remedies
- Quash the decision of the District Land Registrar.
- Re-instate the ex-parte Applicant's title to the suit land.
- Cancel the entry itemized as entry No. 5 in the register for Plot No. MERU MUNICIPALITY/BLOCK II/774 and re-instate the registration of the ex-parte Applicant as the owner of the suit land.
- Prohibit any further attempts to revoke the ex-parte Applicant's title to the suit land.
Authorities cited
Legislation (3)
- Land Registration Act, Cap 300 (now repealed)
- Government Lands Act Cap 280
- Trust Land, Cap 288
Cases cited (2)
- R vs. Secretary of State for Education and Science ex parte Avon County Council (1991) 1 All ER 282
- Council for Civil Service Unions vs. Minister for Civil Service [1985] A.C. 374
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