Republic v Chief Land Registrar & 2 others; Alot (Suing as the Administrator of the Estate of Samuel Alot Magaga - Deceased) (Exparte Applicant) (Environment and Land Judicial Review Case 2 of 2023) [2024] KEELC 1442 (KLR) (14 March 2024) (Judgment)
- Court
- Environment & Land Court
- Case number
- 1442
- Citation
- [2024] KEELC 1442 (KLR)
- Decided
- 14 March 2024
Summary at a glance
TypeJudicial ReviewPostureEx parte application for mandamus and rectificationCoramLN GACHERU
The Court dismissed the application as the Ex parte Applicant has not exhausted the procedure set down for reconstruction of the register.
Facts
The Ex parte Applicant, Magaga Agola Alot, seeks to have the Respondents (Chief Land Registrar and Land Registrars) reconstruct the Green card and file for land known as Makuyu/Kariaini/Block III/20, and rectify the Land Title number Makuyu/Kariaini/Block III/20 by reinstating the names of the deceased Samuel Alot Magaga as the registered proprietor.
Issues
- Whether the Applicant has exhausted the procedure set down for reconstruction of the register?
- Whether the Applicant is entitled to the orders sought?
Reasoning
The Court found that the Ex parte Applicant has not followed the prescribed procedure for reconstruction of the register as per Section 33(5) of the Land Registration Act, 2012 and Regulation 28 of the Land Registration (General) Regulations, 2017.
Outcome
The application was dismissed.
Authorities cited
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