Republic v Director of Survey & another Ex Parte Seven Island Watamu Limited [2019] KEELC 485 (KLR)

Summary at a glance

Facts

The Ex-parte Applicant, Seven Island Watamu Limited, is the registered proprietor of a parcel of land known as Kilifi/Jimba/1125. Despite the existence of the land on the ground and the issuance of a title deed, the parcel does not appear on the Registry Index Map No. 12 for the Kilifi/Jimba registration area.

Issues

• Whether the Director of Survey is statutorily mandated to amend the Register to include the Ex-parte Applicant's property.
• Whether the Ex-parte Applicant is entitled to an order of mandamus compelling the Director of Survey to amend the Register to include the Ex-parte Applicant's property.

Reasoning

The Court found that the Director of Survey is the only body mandated in law to carry out such an amendment, and the continued non-existence of the Ex-parte Applicant's property in the Registry Index Map jeopardises the authenticity of its Title Deed and constitutes a fetter on its right to property.

Outcome

The Ex-parte Applicant's application is allowed with conditions.

Orders

• The Ex-parte Applicant shall cause to be forwarded to the 1st Respondent the requisite mutation documents from the Surveyor within 30 days from today.
• The Ex-parte Applicant shall pay any fees that may be required for such exercise to the 1st Respondent.

Remedies

• Compulsory amendment of the Register Index Map to include the Ex-parte Applicant's property.

Authorities cited