EXCLUSIVE ESTATES LIMITED v REGISTRAR OF TITLES – NAIROBI REGISTRY & ANOTHER INTERESTED PARTY TELKOM KENYA LIMITED & 3 OTHERS [2012] KEHC 3041 (KLR)
- Court
- High Court of Kenya
- Case number
- 3041
- Citation
- [2012] KEHC 3041 (KLR)
The Registrar of Titles did not have the power to remove or cancel the caveat registered against the suit property
Facts
The applicant, Exclusive Estates Limited, filed a caveat against a title registered by the Registrar of Titles – Nairobi Registry. The Registrar lifted the caveat based on a letter dated 27th June 2011 from an advocate, Mr. F. M. Mulwa, demanding the cancellation of a decree registered against the title.
Issues
- Whether the Registrar of Titles exceeded his powers in lifting the caveat
- Whether the decree was improperly registered
Reasoning
The letter demanding the cancellation of the decree was addressed to Mr. F. M. Mulwa, the advocate who drew the consent, and copied to Telkom Kenya Limited. The decree was improperly registered as no substantive orders were directed to the proprietor Telkom Kenya Limited.
Outcome
The caveat was properly and lawfully lifted by the 1st respondent
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