Wcyliffe Onyango& another v Chief Land Registrar;Lucy Akinyi Ambala( Interested Party) [2019] KEELC 3209 (KLR)

Summary at a glance

Facts

The applicants, Wycliffe Onyango and Jane Njeri Onyango, seek judicial review orders against the Chief Land Registrar regarding ownership of the suit property. The applicants claim to be the registered proprietors, while the respondent claims the property does not belong to them. The respondent has declined to issue official searches and vacate a caution against the title.

Issues

• Whether the applicants are the registered proprietors of the suit property
• Whether the judicial review proceedings are appropriate to determine ownership of the property
• Whether the applicants have been prejudiced by the respondent's actions and inaction

Reasoning

The court grants leave to apply for judicial review proceedings as the applicants have satisfied the criteria for leave and for stay. The court considers the applicants' case and the respondent's opposition, concluding that the applicants have a case which merits further consideration through judicial review proceedings.

Outcome

The court grants leave to apply for judicial review orders.

Orders

• Leave to apply for orders of certiorari
• Leave to apply for orders of mandamus
• Leave to apply for an order of prohibition
• Stay of proceedings

Remedies

• Vacate caution against the suit property
• Vacate caution against the suit property
• Vacate caution against the suit property
• Vacate caution against the suit property

Authorities cited