Republic v Chief Land Registrar & another Ex-parte Dubai Bank Kenya Limited [2015] KEHC 6700 (KLR)

Facts

Dubai Bank Kenya Limited seeks an order of mandamus and prohibition to compel the Chief Land Registrar to register a vested title in favor of Dubai Bank Kenya Limited for the property L.R. No. 209/10350 City of Nairobi, purchased by Dubai Bank Kenya Limited on August 2, 2011, with the balance due upon completion. The Interested Party, UKAMBA AGRICULTURAL INSTITUTE, failed to complete the transaction, leading to the institution of a High Court Civil Case No. 172 of 2012.

Issues

1. Whether the Chief Land Registrar should register the vested title in favor of Dubai Bank Kenya Limited
2. Whether the Chief Land Registrar should be prohibited from making any entries or further changes in the property

Reasoning

The court applied the principles of judicial review and the parameters set out by the Court of Appeal in Republic vs. Kenya National Examinations Council ex parte Gathenji & Others Civil Appeal No. 266 of 1996. The court determined that mandamus cannot quash a decision already made and that prohibition cannot prevent the making of a contemplated decision.

Outcome

The application for mandamus and prohibition is dismissed.

Authorities cited