Republic v National Land Commission & 2 others Ex parte Oyester Village Limited; Nairobi City County & 2 others (Interested Parties) [2021] KEELC 3496 (KLR)

Summary at a glance

Facts

The Ex-Parte Applicant purchased and amalgamated two properties, which were later found to be illegally amalgamated. The National Land Commission (1st Respondent) directed the Applicant to compensate the 2nd Interested Party and to revert the property to its original state.

Issues

• Whether the National Land Commission had jurisdiction to deal with private property
• Whether the amalgamation was illegal and should be quashed
• Whether the 1st Respondent had the authority to direct the Chief Land Registrar and Director of Surveys

Reasoning

The Court found the amalgamation illegal and the compensation order unjustified, ruling that the 1st Respondent had no jurisdiction over private property.

Outcome

The Ex-Parte Applicant's application was granted.

Orders

• Quashing the decision of the National Land Commission
• Prohibiting the Director of Surveys from reverting the property
• Prohibiting the Chief Land Registrar from issuing title over the property

Remedies

• Quashing the decision of the National Land Commission
• Prohibiting the Director of Surveys from reverting the property
• Prohibiting the Chief Land Registrar from issuing title over the property