Republic v Land Registrar-Nyamira County; Oriku & another (Exparte Applicants); Mayieka (Interested Party) (Environment and Land Judicial Review Case E002 of 2024) [2024] KEELC 7487 (KLR) (7 November 2024) (Judgment)
- Court
- Environment & Land Court
- Case number
- 7487
- Citation
- [2024] KEELC 7487 (KLR)
- Decided
- 7 November 2024
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeJudicial ReviewPostureApplication for Certiorari and MandamusCoramJM KAMAU
Holding
The Land Registrar did not have the power to cancel the 2nd Ex parte Applicant's title as it affected the rights of the registered proprietor.
Facts
The Ex parte Applicants claim to be the registered proprietors of land LR No. Central Kitutu/Mwabosire/737, which was registered with a restriction and rectification by the Land Registrar, Nyamira County.
Issues
- Whether the Land Registrar had the power to cancel the 2nd Ex parte Applicant's title
- Whether the Land Registrar followed the proper procedures before cancelling the 2nd Ex parte Applicant's title
Reasoning
The Land Registrar's action was a quasi-judicial one and required proper procedures, including serving the registered proprietor with a 90-day notice. The Land Registrar's actions were found to be outside the scope of his mandate and without jurisdiction.
Outcome
The Ex parte Applicants succeed in the suit and are awarded costs.
Orders
- To remove the decision of the Respondent, County Land Registrar, Nyamira, dated 8th March 2024 creating a restriction over L.R. No. Central Kitutu/Mwabosire/737 and stopping further dealings until the interest of Mary Kwamboka Mayieka, the Interested Party is addressed.
- To remove the decision of the Respondent, the Land Registrar, Nyamira, to rectify the register over L.R.No. Central Kitutu/Mwabosire/737 under Section 79(2) Land Registration Act, by cancelling the entries number 5 and 6 reinstating entry no.2.
- To remove the entries no.7 and 8 in the land register over parcel no. L.R. No. Central Kitutu/Mwabosire/737.
- To issue an order of Mandamus directing the Respondent, the Land Registrar, Nyamira, to restore the 2nd Ex parte Applicant's title over the parcel of land known as LR. No. Central Kitutu/Mwabosire/737 by reinstating the 2nd Ex parte Applicant's name in the register of the said property as the proprietor thereof as entries number 5 and 6.
- To prohibit the Respondent, the Land Registrar, Nyamira, from cancelling the 2nd Ex parte Applicant's Title over LR. No. Central Kitutu/Mwabosire/737.
Remedies
- To remove the restriction and rectification decisions
- To restore the 2nd Ex parte Applicant's title
- To prohibit the Respondent from cancelling the 2nd Ex parte Applicant's title
Authorities cited
Legislation (2)
- Land Registration Act No. 3 of 2012
- Constitution of Kenya, 2010
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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