[2022] KEELC 2927 (KLR)
The court found that a valid and subsisting order had been issued to the Land Registrar, Mombasa, to provide the plaintiff with an official search for title 12425 Section I, Mainland North. Despite ample opportunity and repeated directions, the Land Registrar failed to comply and did not provide any explanation for...
Source-derived case information.
- Citation
- [2022] KEELC 2927 (KLR)
- Parties
- Plaintiff: Githima Limited; Defendant: National Land Commission; Defendant: Mehasani Hatibu Mwinjihaji; Defendant: Land Registrar, Mombasa (Mr. Mwangi); Defendant: Other unnamed defendants
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 305 of 2015
- Procedural Posture
- Environment and Land Case / Ruling on Enforcement of Court Order (show Cause)
- Outcome
- Order issued compelling Land Registrar to attend court with documents or explain non-compliance.
- Judges
- M Sila
- Legal Topics
- Land Allocation, Public Land Reservation, Title Cancellation, Compliance With Court Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Githima Limited
Plaintiff
National Land Commission
Defendant
Mehasani Hatibu Mwinjihaji
Defendant
Land Registrar, Mombasa (Mr. Mwangi)
Defendant
Other unnamed defendants
Defendant
Procedural Posture
Environment and Land Case / Ruling on Enforcement of Court Order (show Cause)
Legal Issues
- 1 Whether the Land Registrar, Mombasa, has complied with the court order to provide an official search for title 12425 Section I, Mainland North.
- 2 Whether further coercive orders should issue against the Land Registrar for non-compliance.
Ratio Decidendi
The court found that a valid and subsisting order had been issued to the Land Registrar, Mombasa, to provide the plaintiff with an official search for title 12425 Section I, Mainland North. Despite ample opportunity and repeated directions, the Land Registrar failed to comply and did not provide any explanation for the non-compliance. The court determined that further action was necessary to enforce its order and maintain the authority of the court. Accordingly, the court ordered the Land Registrar, Mr. Mwangi, to attend court on a specified date with the required documents or to explain his failure to do so, warning of possible consequences for continued non-compliance.
Court Disposition
Order issued compelling Land Registrar to attend court with documents or explain non-compliance.
Orders
- Mr. Mwangi, Land Registrar, Mombasa, is ordered to attend court on 12 July 2022 with the official search and parcel file for land registered as 12425 Section I, Mainland North, or explain why he does not have these documents.
Full Case Text
Judgment text and source record
20 paragraphs
Githima Limited v National Land Commission & 5 others (Environment & Land Case 305 of 2015) [2022] KEELC 2927 (KLR) (22 June 2022) (Ruling)
Neutral citation: [2022] KEELC 2927 (KLR)
Republic of Kenya
In the Environment and Land Court at Mombasa
Environment & Land Case 305 of 2015
M Sila, J
June 22, 2022
Between
Githima Limited
Plaintiff
and
National Land Commission & 5 others
Defendant
Ruling
1. This suit was commenced through a plaint dated 16 March 2010 which has now been amended twice. In the further amended plaint, the applicant avers to be the registered proprietor of the land parcels No. 5361 and 5362, Section I, Mainland North, which are front row beach plots, and the land parcels Nos. 5364, 5365, and 5366, Section I, Mainland North, which are second row plots. It is averred that on the frontage of the applicant’s front row plots lies a strip of land reserved as a public utility and was not available for alienation. It is pleaded that on 20 March 2009, the 1st defendant illegally issued a letter of allotment to this strip of land to one Mehasani Hatibu Mwinjihaji, the 3rd defendant, and subsequently issued title with the land delineated as LR No. 12425/1/MN. It is said that the title was later transferred to the 4th defendant. In this suit, the applicant wants this title cancelled.
2. Through an application dated 15 January 2018, the plaintiff inter alia sought orders to have the Land Registrar, Mombasa, to be compelled to issue the plaintiff with an official search in respect of the title MN/I/12425. On 24 July 2018, the court (Omollo J) allowed this prayer and issued an order to the Land Registrar to provide the plaintiff with an official search within 30 days. In default, he was to attend court to show cause. It appears that no search was ever issued and the plaintiff invoked the order for the Land Registrar to show cause why he should not be arrested and committed to civil jail. The matter first came up before me on 16 June 2021 when Mr. Makuto, learned State Counsel, stated that he had contacted the Land Registrar, a Mr. Mwangi, who informed him that he was yet to trace their records. He stated that an affidavit would be filed. I directed that the said affidavit be filed in 21 days. The matter next came up on 10 November 2021 and it emerged that no affidavit to explain the position had been filed. I issued summons to the Land Registrar, Mombasa to attend court on 21 February 2022. I did not sit on 21 February 2022 and the next time the matter came up was on 9 June 2022. The position remained the same.
3. This court has already issued an order to the Land Registrar, Mombasa, to issue to the plaintiff a search regarding the title 12425 Section I, Mainland North. No search has been issued and no explanation given why the Land Registrar, Mr. Mwangi, has not complied with the order.
4. I now order Mr. Mwangi to attend court on 12 July 2022 with the official search and the parcel file to the land registered as 12425 Section I, Mainland North, or else explain why he doesn’t have these documents.
5. Orders accordingly.
DATED AND DELIVERED THIS 22 DAY OF JUNE 2022JUSTICE MUNYAO SILAJUDGE, ENVIRONMENT AND LAND COURTAT MOMBASA