Republic & another v Land Registrar, Kajiado North & another; Onsomu & another (Interested Parties) (Environment and Land Miscellaneous Application 30 of 2017) [2023] KEELC 21144 (KLR) (30 October 2023) (Ruling)
- Court
- Environment & Land Court
- Case number
- 21144
- Citation
- [2023] KEELC 21144 (KLR)
- Decided
- 30 October 2023
Summary at a glance
TypeJudicial ReviewPostureApplication for Orders of Judicial ReviewCoramMN GICHERU
The Land Registrar's report dated September 30, 2020 is accepted and adopted by the court as the way forward.
Facts
The case involves a dispute over a land parcel in Kajiado, Kenya, concerning a decision made by the Land Registrar, Kajiado North, on an unknown date after February 7, 2012. The dispute was initiated after a previous order of the court dated November 14, 2019, requesting a report from the Land Registrar.
Issues
- Whether the court should be functus officio and allow the parties to commence the dispute from the registrar's decision.
- Whether the court should accept the Land Registrar's report as its decision because the first interested party did not appeal against the judgment dated November 14, 2019.
Reasoning
The court finds it unfair to down its tools as the dispute has been finally resolved. The previous exercise was tainted with procedural irregularity, and the report by the Land Registrar is the culmination of the 52-year-old dispute.
Outcome
The Land Registrar's report dated September 30, 2020 is accepted and adopted by the court.
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