Mathias Ngumbao Kitsao v Registrar of Titles Mombasa [2020] KEELC 3201 (KLR)

Facts

The Applicant, Mathias Ngumbao Kitsao, seeks orders compelling the Registrar of Titles Mombasa to open or construct a skeleton file for Parcel MN/III/571 Grant CR 1781 Mtwapa, register the decree and order issued in Mombasa HCCC No. 2 of 1989, and issue a Provisional Certificate of Title to the Applicant. The parcel was originally owned by Eliud Mwochi Mangule, who defaulted on a loan from Stephen Jeremiah Mgute, a deceased person. The original file disappeared, and efforts to execute the decree have been frustrated.

Issues

1. Locus standi of the Applicant
2. Jurisdiction of the Court
3. Execution of Judgment more than 12 years after delivery

Reasoning

The Court dismissed the application due to lack of locus standi, improper filing, and the passage of time. The Court also noted that the parcel had changed hands and that the Applicant did not provide evidence of the current owner.

Outcome

Dismissed with costs