Republic v District Land Registrar, Nairobi & another Ex-Parte Kirichwa Rest-Rooms Limited [2018] KEELC 3130 (KLR)
- Court
- Environment & Land Court
- Case number
- 3130
- Citation
- [2018] KEELC 3130 (KLR)
- Decided
- 30 May 2018
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeJudicial ReviewPostureApplication for Leave to Apply for Judicial Review Orders in the Nature of MandamusCoramE.L.C., Majanja
Holding
The application has merit and is allowed as prayed with costs.
Facts
The Ex-parte Applicant sought an order of mandamus to reinstate its title over land known as L.R. No. 209/13337 due to the revocation of its title by Gazette Notice No. 3460 of 1/4/2010. The Applicant claimed it had never received any notice of the intended cancellation of its title.
Issues
- Whether the orders issued in Milimani High Court Petition No. 178 of 2011 should have been applied to all titles revoked in Gazette Notice No. 3460 of 1/4/2010
- Whether the 1st Respondent selectively applied Gazette Notice No. 915 of 3/7/2012 to parcels of land subject to 19 consolidated petitions instead of applying it to all parcels of land whose titles were revoked by Gazette Notice No. 3460 of 1/4/2010
Reasoning
The court agrees with the finding of Odunga J. that the effect of the decision in Milimani High Court Petition No. 178 of 2011 which quashed Gazette Notice No. 3640 benefited all persons affected by that gazette notice including the Applicant in this matter.
Outcome
Allowed
Orders
- An order of mandamus directed to the 1st Respondent commanding him to reinstate the Ex parte Applicant’s title over the land known as L.R. No. 209/13337 by reinstating the Applicant’s name in the certificate of title as the proprietor and to revoke, withdraw or cancel entry no. 2 in the certificate of title of this property and any other dealing pursuant to the revocation of the Applicant’s title.
Remedies
- Costs
Authorities cited
Legislation (1)
- Article 40 of the Constitution of Kenya
Cases cited (1)
- Sky Africa Holdings Limited v Registrar of Titles & Attorney General, Ex parte Sky Africa Holdings Limited [2016] eKLR
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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