Republic v District Land Registrar Kiambu & another Ex Parte: Muguga Pyrethrum Growers Cooperative Society Ltd & another [2014] KEHC 1906 (KLR)
- Court
- High Court of Kenya
- Case number
- 1906
- Citation
- [2014] KEHC 1906 (KLR)
- Decided
- 13 November 2014
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeJudicial ReviewPostureEx parte application for certiorari, mandamus, and prohibition
Holding
The caution should be restored and the District Land Registrar should not remove it without a record of proceedings.
Facts
The applicant, Muguga Pyrethrum Growers Cooperative Society Ltd, seeks to have a caution registered against LR NO. LIMURU/RIRONI/461 removed. The caution was registered on January 20, 2009, and the District Land Registrar Kiambu removed it on June 10, 2013.
Issues
- Removal of caution against LR NO. LIMURU/RIRONI/461
- Restoration of caution
- Prohibition of removal without record of proceedings
Reasoning
The court held that the caution should be restored as the removal was without jurisdiction and violated the rules of natural justice.
Outcome
The caution was restored and the District Land Registrar was prohibited from removing it without a record of proceedings.
Orders
- Order of certiorari to quash the decision to remove the caution
- Order of mandamus to restore the caution
- Order of prohibition to prohibit removal without record of proceedings
Remedies
- Restoration of caution
- Prohibition of removal without record of proceedings
Authorities cited
Cases cited (3)
- Republic vs. Kenya National Examinations Council ex parte Gathenji & Others (supra)
- Municipal Council of Mombasa vs. Republic & Umoja Consultants Ltd Civil Appeal No. 185 of 2001
- Republic vs. Kenya Revenue Authority Ex parte Yaya Towers Limited [2008] eKLR
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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