REPUBLIC V LAND REGISTRAR, MOMBASA LAND REGISTRY & ANOTHER [2013] KEHC 4871 (KLR)
- Court
- High Court of Kenya
- Case number
- 4871
- Citation
- [2013] KEHC 4871 (KLR)
- Decided
- 22 February 2013
The application for mandamus is dismissed. The Applicant's interest in the property is a private interest, and the Respondents have complied with the law.
Facts
The 1st Interested Party (seller) placed a caveat on his property to prevent the sale without his consent. The caveat was lifted, and the property was transferred to the 2nd Interested Party (buyer). The seller's wife, the 1st Applicant, sought a mandamus order to compel the Registrar of Titles to cancel the lifting of the caveat and the transfer.
Issues
- Whether there was a valid notice given to the Applicant of the intention to lift the caveat.
- Whether the order of mandamus should be granted.
Reasoning
The court found that the Respondents had complied with the law and that the Applicant's interest was a private interest. The court dismissed the application for mandamus.
Outcome
Application dismissed with costs to the 2nd Interested Party
Authorities cited
Legislation (2)
- Registration of Titles Act, Cap. 281, Laws of Kenya
- Married Women Propriety Act, 1882
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