Republic v District Land Registrar Nandi & another Ex-parte Kiprono Tegerei & another [2005] KEHC 3197 (KLR)

Facts

Kiprono Tegerei initiated a judicial review proceeding to quash the cancellation of his title deed and subsequent registration of the land in the name of the Republic. Tegerei passed away, and Jonathan K. Rono was substituted as the applicant. Rono then sought injunctions against the Republic.

Issues

1. Consent orders issued without instructions
2. Injunctions in a judicial review matter
3. Nature of remedies sought

Reasoning

The judge found that the advocate entered into consent orders contrary to instructions and without notifying the client, leading to a finding of fraud or collusion. The judge also noted unusual aspects of the application, such as seeking injunctions in a judicial review matter and the finalisation of the judicial review matter.

Outcome

Allow the application dated 26th May, 2004 in its entirety and award costs to the interested party/applicant.

Authorities cited