Republic v Attorney General [sued for and on behalf of the Ministry of Lands] & 2 others Ex-parte South and Central [Thika] Investments Limited [2014] KEHC 7730 (KLR)

Facts

The applicant, South and Central [Thika] Investments Limited, sought to register a land transfer and obtain a title for Land Reference Number 8747 located in Thika Municipality. The applicant alleged that the land was being sold by the National Bank of Kenya and that they had paid the deposit.

Issues

1. Whether the court should issue an order of mandamus compelling the respondents to register the transfer and issue a title in favor of the applicant.
2. Whether the court should issue an order of prohibition prohibiting the respondents from receiving, registering, and/or accepting any challenges or contests to the applicant's title.

Reasoning

The court considered the parameters of judicial review and the principles set out in previous cases. The court found that mandamus cannot compel the performance of a duty that has already been performed, and that prohibition cannot quash a decision that has already been made.

Outcome

The application was dismissed.

Authorities cited