[2022] KEELC 3893 (KLR)
The court found that the Land Registrar, Mombasa, was unable to comply with the order to provide an official search for the land parcel MN/I/12425 because the relevant records could not be found in the registry, and all reasonable efforts to locate them, including correspondence with higher authorities, had failed....
Source-derived case information.
- Citation
- [2022] KEELC 3893 (KLR)
- Parties
- Plaintiff: Githima Limited; Defendant: National Land Commission; Defendant: Land Registrar, Mombasa; Defendant: Chief Land Registrar, Mombasa; Defendant: Director of Land Administration, Nairobi; Defendant: Director of Surveys
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Civil Suit 305 of 2015
- Procedural Posture
- Civil Suit / Ruling on Compliance With Prior Court Order Regarding Production of Land Records
- Outcome
- Land Registrar discharged from obligation to comply with the order; plaintiff to consider next steps.
- Judges
- M Sila
- Legal Topics
- Land Registry Search, Compliance With Court Orders, Missing Land Records
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Githima Limited
Plaintiff
National Land Commission
Defendant
Land Registrar, Mombasa
Defendant
Chief Land Registrar, Mombasa
Defendant
Director of Land Administration, Nairobi
Defendant
Director of Surveys
Defendant
Procedural Posture
Civil Suit / Ruling on Compliance With Prior Court Order Regarding Production of Land Records
Legal Issues
- 1 Whether the Land Registrar, Mombasa, complied with the court order to provide an official search for land parcel MN/I/12425.
- 2 Whether the Land Registrar should be discharged from further obligation to comply with the order given the absence of records.
Ratio Decidendi
The court found that the Land Registrar, Mombasa, was unable to comply with the order to provide an official search for the land parcel MN/I/12425 because the relevant records could not be found in the registry, and all reasonable efforts to locate them, including correspondence with higher authorities, had failed. The inability to comply was not due to any fault or neglect on the part of the Land Registrar. Consequently, the court discharged the Land Registrar from further obligation under the order, leaving it to the plaintiff to determine the next steps in the suit in light of the absence of land records.
Court Disposition
Land Registrar discharged from obligation to comply with the order; plaintiff to consider next steps.
Orders
- The Land Registrar, Mombasa, is discharged from further obligation to comply with the order of 24 July 2018.
- The plaintiff is at liberty to assess the situation and decide how to proceed with the suit.
Full Case Text
Judgment text and source record
20 paragraphs
Githima Limited v National Land Commission & 5 others (Civil Suit 305 of 2015) [2022] KEELC 3893 (KLR) (14 July 2022) (Ruling)
Neutral citation: [2022] KEELC 3893 (KLR)
Republic of Kenya
In the Environment and Land Court at Mombasa
Civil Suit 305 of 2015
M Sila, J
July 14, 2022
Between
Githima Limited
Plaintiff
and
National Land Commission & 5 others
Defendant
Ruling
1. On July 24, 2018, this court (Omollo J) issued an order to the Land Registrar, Mombasa, to provide the plaintiff with an official search of the land parcel MN/I/12425, within 30 days. The search was not provided to the plaintiff, and subsequently, the plaintiff, through his counsel, applied to have the Land Registrar summoned to attend court and show cause why the same has not been supplied. I allowed the application by the plaintiff and issued summons to the Land Registrar.
2. On July 12, 2022, Ms Sheila Nasambu Soita, Land Registrar I, in the Mombasa Lands registry, attended court pursuant to the summons. She was sworn and stated that she and her officers have combed the land registry but have not been able to trace any records relating to the title MN/I/12425, CR No 45286. The registry proceeded to write a letter dated 26 June 2022 to the Director of Land Administration, Nairobi, which letter was copied to the Chief Land Registrar, Mombasa, and the Director of Surveys. In the letter, it is mentioned that efforts to trace any record regarding registration of the property MN/I/12425 has not borne any fruit as both deed file and the correspondence files are not available. The letter seeks a confirmation of the person to whom the land was allocated and the supporting documentation. This letter has elicited no reply.
3. From the foregoing, it is apparent that the Land Registrar, Mombasa, is unable to comply with the order of 24 July 2018 through no fault of her own, as the land registry does not have any record of that title. I therefore proceed to discharge the Land Registrar.
4. It is now upon the plaintiff to make an assessment of this information and make a decision on how to move forward with the suit.
5. Orders accordingly.
DATED AND DELIVERED THIS 14 DAY OF JULY 2022JUSTICE MUNYAO SILAJUDGE, ENVIRONMENT AND LAND COURTAT MOMBASA