REPUBLIC v REGISTRAR OF TITLES [2009] KEHC 372 (KLR)
- Court
- High Court of Kenya
- Case number
- 372
- Citation
- [2009] KEHC 372 (KLR)
- Decided
- 6 November 2009
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeJudicial ReviewPostureApplication for leave to apply for mandamusCoramF. AZANGALALA
Holding
The applicants' claim for mandamus is dismissed as they have not properly invoked the court's jurisdiction.
Facts
The applicants claim to have been in occupation of approximately 10 acres of land since time immemorial, which was leased to Kavee Quarries Limited in 1978. Kavee obtained a certificate of title through fraud, leading to the applicants filing this judicial review.
Issues
- Whether the applicants have a representative claim
- Whether the Registrar of Titles violated the doctrine of lis pendens
Reasoning
The court held that judicial review is concerned with the decision-making process and not the merits of the decision. An order of mandamus is available only if the duty has not been performed, and the applicants have not shown that the duty has not been performed.
Outcome
Application dismissed
Authorities cited
Legislation (2)
- Registration of Titles Act
- Civil Procedure Rules
Cases cited (3)
- The Kenya National Examinations Council – v – Njoroge & Others [CA No. 266 of 1996] (UR)
- Welamondi – v – The Chairman Electoral Commission of Kenya [2002] 1 KLR 486
- Commissioner of Lands – v – Kunste Hotel Limited [CA No. 234 of 1995] (UR)
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.
Loading judgment…