[2014] KEHC 7163 (KLR)
The court found that the issues raised in this petition had already been conclusively determined in Nairobi Petition No. 178 of 2011 (as consolidated with other cases), where Gazette Notice No. 13104 was declared null and void and the Registrar was directed to cancel all related entries. The Registrar complied with...
Source-derived case information.
- Citation
- [2014] KEHC 7163 (KLR)
- Parties
- Petitioner: Children of God Relief Institute Ltd; Respondent: Chief Land Registrar; Respondent: National Land Commission; Respondent: Hon. Attorney General
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Petition 358 of 2013
- Procedural Posture
- Constitutional Petition / Ruling on Settlement of Petition
- Outcome
- suit marked as settled
- Judges
- DAS Majanja
- Legal Topics
- Revocation of Land Titles, Gazette Notices, Constitutional Validity of Administrative Action
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Children of God Relief Institute Ltd
Petitioner
Chief Land Registrar
Respondent
National Land Commission
Respondent
Hon. Attorney General
Respondent
Procedural Posture
Constitutional Petition / Ruling on Settlement of Petition
Legal Issues
- 1 Whether Gazette Notice No. 13104 revoking title LR No. 17864/22 is unconstitutional, null and void.
- 2 Whether the issues raised in this petition have already been determined in Nairobi Petition No. 178 of 2011.
Ratio Decidendi
The court found that the issues raised in this petition had already been conclusively determined in Nairobi Petition No. 178 of 2011 (as consolidated with other cases), where Gazette Notice No. 13104 was declared null and void and the Registrar was directed to cancel all related entries. The Registrar complied with the court's orders by publishing the cancellation of the revocation. As such, the present petition was rendered moot, and no further orders were necessary. The court therefore marked the suit as settled, with no order as to costs.
Court Disposition
suit marked as settled
Orders
- This suit is marked as settled.
- No order as to costs.
Full Case Text
Judgment text and source record
18 paragraphs
IN THE HIGH COURT AT NAIROBI
MILIMANI LAW COURTS
CONSTITUTIONAL AND HUMAN RIGHTS DIVISION
PETITION NO. 358 OF 2013
BETWEEN
CHILDREN OF GOD RELIEF INSTITUTE LTD…..PETITIONER
AND
CHIEF LAND REGISTRAR………….……...….. 1ST RESPONDENT
NATIONAL LAND COMMISSION…..…………2ND RESPONDENT
HON. ATTORNEY GENERAL……….…………3RD RESPONDENT
RULING
I am satisfied that the subject of this suit being Gazette Notice No. 13104which revoked title LR No. 17864/22belonging to the petitioner was dealt with in Nairobi Petition No. 178 of 2011 as consolidated with other cases (Power Technics Ltd v Attorney General and others[2012]eKLR).In that case the court declared Gazette Notice No. 13104, which is the subject of this suit, null and void and directed the Registrar of Titles to Gazette the said declaration and cancellation of the titles contained therein.
The Registrar duly complied by publishing the “Cancellation of Revocation of Land Titles” which included Gazette Notice No. 13104. In that case, the Court made orders, inter alia that the Registrar cancel, delete and or remove all entries giving effect or made pursuant to Gazette Notice Nos. 13104 and all titles listed in the said Gazette Notice.
In the circumstances this suit, is so far as it seeks inter alia, a declaration that Gazette Notice No. 13104dated 10th October 2011 is unconstitutional, null and void, is settled in view of the judgment in Petition No. 178 of 2011 and the subsequent action by the Registrar.
Consequently this suit is marked as settled with no order as to costs.
DATEDandDELIVEREDatNAIROBIthis12th February 2014
D.S. MAJANJA
JUDGE