[2014] KEHC 7950 (KLR)

[2014] KEHC 7950 (KLR)

The court found that the deceased had purchased the suit property from the City Council of Nairobi in 1976, paid the full purchase price, and occupied the land continuously. The respondents' subsequent subdivision and allocation of the land to other parties was unlawful, as the land had already become private property and was not available for further allocation. The court held that the application for judicial review was filed within the statutory time limit, as the applicants only became aware of the subdivision and allocation upon receipt of the allotment letter, and the decision to subdivide and allocate could not be separated. The court rejected the respondents' arguments on res...

Citation
[2014] KEHC 7950 (KLR)
Parties
Applicant: Republic; Respondent: City Council of Nairobi; Respondent: Town Clerk, City Council of Nairobi; Applicant: Christopher Mwangi Kioi; Applicant: Nancy Wambui Waweru; Respondent: Hashim Kamau Athman; Respondent: Yusuf Ali
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
22 May 2014
Case Number
Judicial Review 416 of 2002
Procedural Posture
Judicial Review Application / Judgment
Outcome
Application allowed in part.
Legal Topics
Allocation of Public Land, Letters of Allotment, Judicial Review Remedies, Res Judicata, Limitation Periods, Compulsory Acquisition
Source Language
English
Land and Property Civil Procedure Allocation of Public Land Letters of Allotment Judicial Review Remedies Res Judicata Limitation Periods Compulsory Acquisition

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Parties

Republic

Applicant

City Council of Nairobi

Respondent

Town Clerk, City Council of Nairobi

Respondent

Christopher Mwangi Kioi

Applicant

Nancy Wambui Waweru

Applicant

Hashim Kamau Athman

Respondent

Yusuf Ali

Respondent

Procedural Posture

Judicial Review Application / Judgment

Legal Issues

  1. 1 Whether the judicial review application is properly before the court within the statutory time limit.
  2. 2 Whether the respondents had authority to subdivide and allocate land already sold to the deceased.
  3. 3 Whether the matter is res judicata due to previous suits between the parties.

Ratio Decidendi

The court found that the deceased had purchased the suit property from the City Council of Nairobi in 1976, paid the full purchase price, and occupied the land continuously. The respondents' subsequent subdivision and allocation of the land to other parties was unlawful, as the land had already become private property and was not available for further allocation. The court held that the application for judicial review was filed within the statutory time limit, as the applicants only became aware of the subdivision and allocation upon receipt of the allotment letter, and the decision to subdivide and allocate could not be separated. The court rejected the respondents' arguments on res...

Court Disposition

Application allowed in part.

Orders

  • Order of certiorari issued to quash the decision of the respondents to subdivide the unsurveyed part of L.R. 2378 P.T. and all resultant letters of allotment.
  • Order of mandamus issued directing the respondents to cancel the subdivision scheme of the said parcel of land.