REPUBLIC v DISTRICT LAND REGISTRAR NAKURU & ANOTHER [2006] KEHC 144 (KLR)
- Court
- High Court of Kenya
- Case number
- 144
- Citation
- [2006] KEHC 144 (KLR)
- Decided
- 20 December 2006
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeMiscellaneous Civil ApplicationPostureApplicant seeks to quash a decision of the District Land Registrar and compel restoration of name in the registerCoramD. MUSINGA
Holding
The court grants the prayers as sought by the applicant, finding the first respondent acted without jurisdiction and in excess of his statutory powers
Facts
The applicant was registered as the lessee of the suit premises in 1992 and issued a certificate of lease. The first respondent leased the same property to Wariara Njenga and Margaret Njeri in 2005.
Issues
- Whether the first respondent acted without jurisdiction and in excess of his statutory powers
- Whether the applicant's name should be restored in the register
Reasoning
The court is satisfied that the first respondent acted without jurisdiction and in excess of his statutory powers as provided by Section 142(1) of the Registered Land Act
Outcome
The court grants the prayers as sought by the applicant
Orders
- The respondents will bear the costs of the application
- The court grants the prayers as sought by the applicant
Remedies
- To remove into this court for purposes of quashing a decision of the District Land Registrar
- To restore the applicant’s name in the register as the proprietor of the suit premises
Authorities cited
Legislation (2)
- Registered Land Act
- Law Reform Act
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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