Republic v Tigania East District Land Adjudication and Settlement Officer & another Ex parte Joseph Mathita Ikirima; Nkunja Edward Mwenda (Interested Party) [2021] eKLR [2021] KEHC 5156 (KLR)

Facts

The applicant, Joseph Mathita Ikirima, sought an order of mandamus to compel the respondent, Tigania East District Land Adjudication and Settlement Officer, to alter the adjudication records to conform with the findings of objection no. 1967 and record Land Parcel No. 391 Karama Adjudication Section measuring approximately 3.40 acres in his name. The interested party, Nkunja Edward Mwenda, claimed ownership of the land parcel measuring 1.35 acres.

Issues

1. Whether the orders of mandamus, injunction, and eviction sought by the applicant are merited.
2. Whether the respondent's actions were wrongful in giving the applicant 1.35 acres instead of 3 or 3.4 acres.

Reasoning

The court considers the scope of the judicial review remedy of mandamus and the applicable law, which is the Land Consolidation Act. The court notes that the applicant's claim is based on the acreage listed in the objection proceedings, but the actual acreage cannot be ascertained in the judicial review proceedings.

Outcome

The court denies the applicant's requests for mandamus, eviction, and injunction.

Authorities cited