Republic v National Land Commission & another; Edifice Real Estate Limited (Exparte) (Environment and Land Judicial Review Case 25 of 2017) [2018] KEELC 4878 (KLR) (26 July 2018) (Judgment)
- Court
- Environment & Land Court
- Case number
- 4878
- Citation
- [2018] KEELC 4878 (KLR)
- Decided
- 26 July 2018
Summary at a glance
TypeJudicial ReviewPostureApplicant seeks certiorari to quash NLC's decision and prohibit interference with titleCoramK. BOR
NLC's decision to revoke Applicant's title is quashed
Facts
Applicant claims to have purchased Suit Property from Azarel Investments Limited in 2012. NLC summoned Applicant to respond to a complaint from the Estate of the late Fred Kubai. NLC directed the Chief Land Registrar to revoke Applicant's title, which Applicant disputes.
Issues
- Whether NLC's decision to revoke Applicant's title was valid
- Whether NLC's power to review grants of public land to establish their legality lapsed
Reasoning
NLC's power to review grants of public land to establish their legality lapsed on 1/5/2017, and the court declines to issue an order of prohibition.
Outcome
NLC's decision is quashed, and the court declines to issue an order of prohibition
Remedies
- Applicant can file an ordinary suit to restrain the Chief Land Registrar from interfering with its proprietorship of the Suit Property
Authorities cited
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