Republic v Chief Land Registrar & 4 others; Ex parte Shishirkumar Kantilal Shah & 3 others [2021] KEELC 1442 (KLR)

Summary at a glance

Facts

The applicants seek orders compelling the respondents to issue a certificate of lease and original documents, and to restrain them from certain actions.

Issues

• Whether orders of mandamus and prohibition should issue against the Respondents.
• When orders of mandamus should issue.

Reasoning

The court found that the 1st and 3rd Respondents have failed to issue the applicants with a title as required by the Land Registration Act, and that an order of mandamus is necessary to compel them to perform their statutory duty.

Outcome

The court granted the applicants' request for orders of mandamus.

Orders

• An order of mandamus compelling the 1st to 3rd Respondents to issue the original Certificate of Lease and the original documents seized by the 4th and 5th Respondents.
• An order of prohibition to restrain the 1st and 3rd Respondents from issuing the title to third parties and to restrain the 4th and 5th Respondents from threatening and harassing the applicants with arrest and charging them with fraud, trespass or any charges related to proof of ownership.