Republic v City Council of Nairobi & another Ex-Parte Christopher Mwangi Kioi & 3 others [2014] KEHC 7950 (KLR)
- Court
- High Court of Kenya
- Case number
- 7950
- Citation
- [2014] KEHC 7950 (KLR)
- Decided
- 22 May 2014
An order of certiorari will issue removing into Court the decision of the respondents to subdivide the unsurveyed part of L.R. 2378 P.T. and quash the said decision together with all the letters of allotments issued for the sub-plots as a result of the sub-division.
Facts
The Republic sought to quash a decision by the Nairobi City Council and Town Clerk to subdivide an unsurveyed part of L.R. 2378 P.T., where the Nairobi Pumwani Bar compound has been situated, into several sub-plots and issue letters of allotments to persons including the ex-parte applicant and interested parties.
Issues
- Legality of the allocation of the parcel of land in question.
- Jurisdiction of the respondents to set aside the land for allocation.
Reasoning
The court found that the respondents had no jurisdiction over the particular piece of land and that a court sitting in its civil jurisdiction would have been better suited to hear all the issues.
Outcome
The Republic's appeal was successful.
Orders
- Order of certiorari to remove the decision of the respondents to subdivide the land and quash the letters of allotments.
- Order of mandamus to cancel the sub-division scheme of the land.
- Order of mandamus to produce a deed plan for the plot in question and issue a lease to the applicants.
Remedies
- Quashing of the respondents' decision to subdivide the land.
- Cancellation of the sub-division scheme of the land.
- Issuance of a lease to the applicants.
Authorities cited
Legislation (2)
- Registration of Titles Act (R.T.A)
- Land Act
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