Chita Ngolo Chita v District Land Registrar-Kilifi & 2 others; Indravadan Ashibhai Patel & another (Interested Parties) [2020] KEELC 2 (KLR)
- Court
- Environment & Land Court
- Case number
- 2
- Citation
- [2020] KEELC 2 (KLR)
- Decided
- 2 October 2020
The Court declared the Respondents' actions unlawful and in contravention of the Petitioner's rights under the Constitution, and ordered the Respondents to rectify and fix the boundaries of the Petitioner's land.
Facts
The Petitioner, Chita Ngolo Chita, is the owner and occupier of land adjacent to Plot No. 218, which was created in his name in 1984. The Respondents, District Land Registrar-Kilifi and others, allegedly withheld access to the original adjudication records and other land registry records, preventing the Petitioner from effectively responding to a suit filed against him.
Issues
- Denial of access to original adjudication records and land registry records
- Rectification and fixing of boundaries of the Petitioner's land
- Protection of the Petitioner's fundamental rights under the Constitution
Reasoning
The Court found that the Respondents' actions violated the Petitioner's rights to access to public information and protection from deprivation of property, and ordered the Respondents to rectify the boundaries of the Petitioner's land.
Outcome
The Petitioner's appeal was successful.
Orders
- By consent, the Provincial Surveyor Coast and the District Registrar Kilifi ascertain and fix boundaries of Plot No. Buni/Kisimani/218 measuring approximately 4.01 Ha (9.90871 acres) as per the title Deed issued on the 1st October, 2009
Remedies
- Rectification of the boundaries of the Petitioner's land
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