[2013] KEHC 3751 (KLR)
The court found that the applicant had demonstrated a prima facie case warranting leave to institute judicial review proceedings. The evidence showed the applicant was registered as proprietor of the suit land, and his registration was subsequently cancelled and replaced by the 3rd-7th respondents. The court could...
Source-derived case information.
- Citation
- [2013] KEHC 3751 (KLR)
- Parties
- Applicant: Evans Kaleka Sogomi; Respondent: District Land Registrar, Uasin Gishu; Respondent: John Mwangi Njuguna; Respondent: James Muasya Mutunga; Respondent: Wendani S.H.G. Trustees; Respondent: Francis Karanja Kianda; Respondent: Geoffrey Ngigi Kibe; Respondent: James Kamau Muchiri
- Court
- High Court
- Court Station
- High Court at Eldoret
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 2 of 2013
- Procedural Posture
- Judicial Review Application / Ruling on Leave and Interim Orders
- Outcome
- Leave granted for judicial review; interim order of prohibition issued; directions for filing and service of substantive motion.
- Legal Topics
- Judicial Review, Land Registration, Proprietorship Cancellation, Interim Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Evans Kaleka Sogomi
Applicant
District Land Registrar, Uasin Gishu
Respondent
John Mwangi Njuguna
Respondent
James Muasya Mutunga
Respondent
Wendani S.H.G. Trustees
Respondent
Francis Karanja Kianda
Respondent
Geoffrey Ngigi Kibe
Respondent
James Kamau Muchiri
Respondent
Procedural Posture
Judicial Review Application / Ruling on Leave and Interim Orders
Legal Issues
- 1 Whether the applicant has established a prima facie case for leave to institute judicial review proceedings.
- 2 Whether interim orders of prohibition and stay should be granted pending the substantive motion.
- 3 Whether the District Land Registrar acted unlawfully or in excess of authority in cancelling the applicant's registration as proprietor.
Ratio Decidendi
The court found that the applicant had demonstrated a prima facie case warranting leave to institute judicial review proceedings. The evidence showed the applicant was registered as proprietor of the suit land, and his registration was subsequently cancelled and replaced by the 3rd-7th respondents. The court could not determine the reasons for cancellation at this stage, but held that the matter merited full hearing. The District Land Registrar, as the decision-maker, was made the sole respondent, with the other parties enjoined as interested parties. To preserve the subject matter, the court granted an order of prohibition restraining the District Land Registrar from making further...
Court Disposition
Leave granted for judicial review; interim order of prohibition issued; directions for filing and service of substantive motion.
Orders
- Leave is granted to the applicant to institute judicial review proceedings.
- District Land Registrar, Uasin Gishu, to be the sole respondent; 2nd-7th respondents to be enjoined as interested parties.
Full Case Text
Judgment text and source record
36 paragraphs
REPUBLIC OF KENYA
High Court at Eldoret
Environmental & Land Case 2 of 2013 [if gte mso 9]><xml>
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IN THE MATTER OF ORDER 53 RULE 1 OF THE CIVIL PROCEDURE ACT
AND
IN THE MATTER OF THE LAND REGISTRATION ACT, 2012
AND IN THE MATTER OF AN APPLICATION FOR LEAVE TO APPLY FOR JUDICIAL REVIEW
EVANS KALEKA SOGOMI..........................................................................APPLICANT
VS
DISTRICT LAND REGISTRAR, UASIN GISHU.............................1ST RESPONDENT
JOHN MWANGI NJUGUNA.............................................................2ND RESPONDENT
JAMES MUASYA MUTUNGA..........................................................3RDRESPONDENT
WENDANI S.H.G. TRUSTEES.........................................................4TH RESPONDENT
FRANCIS KARANJA KIANDA.........................................................5TH RESPONDENT
GEOFFREY NGIGI KIBE.....................................................................6TH RESPONDENT
JAMES KAMAU MUCHIRI …...........................................................7TH RESPONDENT
RULING
The applicant Evans Kaleka Sogomi has filed this application seeking leave to institute Judicial Review proceedings for :-
(a)An order of certiorari to quash the decision of the District Land Registrar to cancel the registration of the applicant as owner of the land parcel Eldoret Municipality Block 21 (Kingongo) 3734.
(b)An order of or prohibition, prohibiting the District Land Registrar, Uasin Gishu District from effecting transfer, charge, subdivision or any dealings whatsoever in respect to the property Eldoret Municipality Block 21 (Kingongo) 3734.
(c)An order of mandamus to compel the District Land Registrar, Uasin Gishu District to reinstate the applicant as the registered proprietor of the property Eldoret Municipality Block 21 (Kingongo) 3734.
In this application, the ex-parte applicant has also prayed that the leave do operate as a stay so as to restrain the District Land Registrar, Uasin Gishu District, from entering any dealings in the title of the land parcel Eldoret Municipality Block 21 (Kingongo) 3734 pending the hearing and determination of the substantive motion.
It is the applicant's case that he purchased the suit land from the previous registered proprietor and became registered as owner of the suit land on 6 December 2012. It is alleged that the Land Registrar, unlawfully and unprocedurally and in excess of authority cancelled the applicant's registration and unlawfully registered the 3rd-7th respondents as proprietors.
I have seen the annexed extract of the title which shows that the applicant was actually registered as proprietor of the suit land on 6 December 2012 but that registration has been cancelled. Subsequently on 10 December 2012 the 3rd - 7th respondents were registered as proprietors.
I cannot tell at this stage what prompted the cancellation but I guess that is a matter to be canvassed at the substantive hearing of the judicial review application. For now, I am satisfied that this is a suitable case for the grant of leave to institute a motion for judicial review. However, I direct the District Land Registrar to be the sole respondent in the Judicial Review motion. The other parties who are cited herein as the 2nd - 7th respondents will be enjoined to the motion but only as interested parties. This is because they are not the persons who made the decision to cancel the registration of the ex-parte applicant but they are interested in the subject matter of the suit.
I also issue an order of prohibition, prohibiting the District Land Registar, Uasin Gishu District, from making any further entries or registering any disposition in the land parcel Eldoret Municipality Block 21 (Kingongo) / 3734 pending the hearing and determination of the substantive motion for judicial review.
I further direct that the substantive motion be filed within 21 days from the date hereof and the same be served upon the respondent and the interested parties within 15 days of filing. I reserve the right to review the stay order if the ex-parte applicant does not comply with these directions.
DATED AT ELDORET THIS 6TH DAY OF MAY 2013
JUSTICE MUNYAO SILA
JUDGE, ENVIRONMENT & LAND COURT AT ELDORET
Ruling delivered in the presence of :-
No appearance for M/s J.K. Korir & Co Advocates for the ex-parte applicant.