Republic v Chief Land Registrar Ex-Parte Roselyne Akoth Ayoki & another (Suing as Administrators of the estate of Wycliffe Onyango Ayoki (Deceased) [2019] KEELC 944 (KLR)
- Court
- Environment & Land Court
- Case number
- 944
- Citation
- [2019] KEELC 944 (KLR)
- Decided
- 15 October 2019
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeLand Registration DisputePostureEx-parte application for leave to bring a motion to compel the respondent to issue an official search and copies of the deed fileCoramB M EBOSO
Holding
The court grants leave to the ex-parte applicants to bring a motion to compel the respondent to issue an official search and copies of the deed file
Facts
The ex-parte applicants are administrators of the estate of the late Wycliffe Onyango Ayoki, who was the registered proprietor of Land Reference Number 3734/27, comprised in Title Number LR 13376. The title has been fraudulently transferred into the name of Andrew Munene Mugambi, and the respondent has declined to issue an official search.
Issues
- Whether the ex-parte applicants are entitled to leave to bring a motion to compel the respondent to issue an official search and copies of the deed file
- Whether the respondent is obligated to issue the official search and copies of the deed file
Reasoning
The court is satisfied that a proper basis has been laid for the grant of leave, and the substantive motion shall be filed and served within 21 days from today.
Outcome
Leave granted
Orders
- Substantive motion to be filed and served within 21 days from today
- Mention for directions on 2/12/2019
- Respondent to file and serve a response within 14 days from date of service
- Parties to exchange brief written submissions before 2/12/2019
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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