Republic v District Land Registrar, Siaya; Ex parte Simon Peter Otieno Okong’o [2022] KEELC 2100 (KLR)

Summary at a glance

Facts

The ex parte applicant, Simon Peter Otieno Okong'o, is the registered owner of land parcel number EAST GEM/ANYIKO/1769. The District Land Registrar, Siaya, revoked his title deed to the suit land on July 30, 2020.

Issues

• Whether the ex parte applicant has established grounds for the court to grant the leave sought.
• If the answer to issue (i) is in the affirmative, whether the leave shall operate as a stay of the implementation of the decisions of the respondent.

Reasoning

The court found that the ex parte applicant has established a prima facie case and that the decision to revoke the title deed is capable of being stayed due to the actions required by the respondent.

Outcome

The ex parte applicant’s summons is granted.

Orders

• The ex parte applicant’s summons is granted in terms of prayers (2) and (3).
• Costs of the summons shall be in the cause.
• The ex parte applicant shall file and serve the respondent with the substantive Notice of Motion and submissions thereon.
• The respondent shall file its response to the substantive Notice of Motion and submissions thereon within 21 days from the date of service by the ex parte applicant.
• This matter shall be mentioned for directions on 7/3/2022.
• An affidavit of service shall be filed 3 days prior to the mention date.

Remedies

• Stay of the implementation of the decision to revoke the ex parte applicant’s title deed.

Authorities cited