[2017] KEHC 6884 (KLR)
The court found that there was no evidence of service of the requisite notice upon the Land Registrar as mandated by Section 78(2) of the Land Registration Act. Compliance with this statutory requirement is a precondition for the court to proceed with the application. In the absence of such evidence, the court...
Source-derived case information.
- Citation
- [2017] KEHC 6884 (KLR)
- Parties
- Applicant: Joseph Kathurima M'Ibiri; Respondent: Paragon Property Consultants Ltd
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Application 56 of 2016
- Procedural Posture
- Miscellaneous Application / Interlocutory
- Outcome
- Adjourned for service of notice upon the Land Registrar; no substantive ruling delivered.
- Legal Topics
- Service of Notice, Land Registration Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joseph Kathurima M'Ibiri
Applicant
Paragon Property Consultants Ltd
Respondent
Procedural Posture
Miscellaneous Application / Interlocutory
Legal Issues
- 1 Whether the applicant complied with the statutory requirement to serve notice upon the Land Registrar under Section 78(2) of the Land Registration Act.
- 2 Whether the court can proceed to rule on the application in the absence of evidence of such service.
Ratio Decidendi
The court found that there was no evidence of service of the requisite notice upon the Land Registrar as mandated by Section 78(2) of the Land Registration Act. Compliance with this statutory requirement is a precondition for the court to proceed with the application. In the absence of such evidence, the court cannot deliver a ruling on the merits and must instead direct that proper notice be served to the Land Registrar before further directions or a ruling can be given.
Court Disposition
Adjourned for service of notice upon the Land Registrar; no substantive ruling delivered.
Orders
- The applicant is directed to serve the requisite notice upon the Land Registrar as required by law.
- Further directions and/or ruling to be given after proof of such service.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
MISC CIVIL APPL. NO. 56 OF 2016
JOSEPH KATHURIMA M'IBIRI...............................................APPLICANT
VERSUS
PARAGON PROPERTY CONSULTANTS LTD..................RESPONDENT
O R D E R /R U L I N G
This Court reserved a date for a ruling in respect of the Notice of Motion of 7th June, 2016.
However, the Court has not been able to write the ruling . The reason being that after perusing the record, I find that a notice had been served upon the Respondent via G 4S Courier Services. There is no evidence of a Notice upon the Registrar as is required by provisions of Section 78 (2) of the land Registration Act. I therefore direct that the requisite Notice be served upon the Land Registrar to enable the Court give further directions, and or ruling.
DELIVERED IN OPEN COURT AT MERU THIS 9TH DAY OF MARCH, 2017 IN THE PRESENCE OF:-
CA:
Waigwa h/b for Kirimo for Applicant
L.N.MBUGUA
JUDGE