Republic v County Land Registrar, Busia & 2 others; Oyalo & another (Exparte) (Environment and Land Judicial Review Case E001 of 2021) [2022] KEELC 3913 (KLR) (8 June 2022) (Ruling)
- Court
- Environment & Land Court
- Case number
- 3913
- Citation
- [2022] KEELC 3913 (KLR)
- Decided
- 8 June 2022
The application is allowed, and the verdict of the Land Registrar Busia County dated January 21, 2021, in so far as it recommended the revocation of the partition and a new subdivision, is quashed.
Facts
The applicants sought to quash a decision by the County Land Registrar, Busia, regarding the partition of land into two portions, and to prevent the revocation of title deeds. The registrar recommended a new subdivision and right of appeal, but the applicants argued these actions were ultra vires.
Issues
- Whether the Land Registrar acted ultra vires in making the recommended changes
- Who should pay costs of the suit
Reasoning
The court found the Land Registrar partially acted ultra vires in his recommendation to revoke the partition, as the applicants had already partitioned the land in two following a previous decision. The court ruled that mandamus could not be granted as revocation of the suit parcels can only be done through court.
Outcome
The application is allowed.
Orders
- A writ of certiorari is issued against the findings and verdict of the Land Registrar Busia County dated January 21, 2021, in so far as it recommended the revocation of the partition and a new subdivision, and the verdict is quashed.
Remedies
- The revocation of the partition and the recommendation for a new subdivision are quashed.
Authorities cited
Legislation (3)
- Civil Procedure Act
- Land Registration Act
- Constitution of Kenya 2010
Cases cited (3)
- Pastoli v Kabale District Local Government Council & others (2008) 2 EA 300
- Council of Civil Service Union v Minister for the Civil Service (1985) AC 2
- Francis Bahikirwe Muntu and others v Kyambogo University, High Court, Kampala, miscellaneous application number 643 of 2005 (UR)
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