[2015] KEELC 149 (KLR)
The court found that the applicant had demonstrated a prima facie case for leave to commence judicial review proceedings for orders of mandamus. The applicant's claim to ownership of the suit property, based on share contribution and allocation by the co-operative society, established an arguable right to...
Source-derived case information.
- Citation
- [2015] KEELC 149 (KLR)
- Parties
- Applicant: Julius Chelogoi A. Korir; Respondent: District Land Registrar, Kericho
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Judicial Review Application 5 of 2015
- Procedural Posture
- Judicial Review Application / Application for Leave to Commence Judicial Review Proceedings
- Outcome
- Leave granted to commence judicial review proceedings for orders of mandamus. Application for stay declined at this stage. Costs in the main motion.
- Judges
- MA Silau
- Legal Topics
- Judicial Review, Mandamus, Land Registration, Title Deeds
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Julius Chelogoi A. Korir
Applicant
District Land Registrar, Kericho
Respondent
Procedural Posture
Judicial Review Application / Application for Leave to Commence Judicial Review Proceedings
Legal Issues
- 1 Whether the applicant is entitled to leave to commence judicial review proceedings for orders of mandamus against the District Land Registrar.
- 2 Whether the applicant has demonstrated a prima facie case for the grant of leave to seek mandamus to compel registration as proprietor of the suit property.
- 3 Whether leave should operate as a stay of further transactions on the title.
Ratio Decidendi
The court found that the applicant had demonstrated a prima facie case for leave to commence judicial review proceedings for orders of mandamus. The applicant's claim to ownership of the suit property, based on share contribution and allocation by the co-operative society, established an arguable right to registration as proprietor. The court held that if the applicant is indeed entitled to the property, he is entitled to be registered and issued with a title deed. Accordingly, leave was granted. However, the court declined to grant a stay of further transactions on the title at this stage due to lack of evidence regarding the current status of the register, but left open the possibility...
Court Disposition
Leave granted to commence judicial review proceedings for orders of mandamus. Application for stay declined at this stage. Costs in the main motion.
Orders
- Leave is granted to the applicant to commence judicial review proceedings for orders of mandamus as intended.
- The main motion shall be filed and served within 21 days, failing which the order of leave will lapse.
Full Case Text
Judgment text and source record
27 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT OF KENYA
AT KERICHO
JUDICIAL REVIEW APPLICATION NO.5 OF 2015
IN THE MATTER OF AN APPLICATION FOR LEAVE TO FILE A MOTION ON JUDICIAL REVIEW AND ORDERS OF MANDAMUS
AND
IN THE MATTER OF THE CIVIL PROCEDURE ACT AND RULES IN THE MATTER OF THE LAW REFORM ACT (CAP 26) SECTIONS 8 & 9 IN THE MATTER OF LAND REFERENCE NO. KERICHO/KIPCHORIAN/LESIRWA BLOCK 1/92
BETWEEN
JULIUS CHELOGOI A. KORIR..............................................APPLICANT
VERSUS
THE DISTRICT LAND
REGISTRAR, KERICHO.......................................................RESPONDENT
R U L I N G
(Application for leave to commence judicial review proceedings for orders of mandamus; applicant claiming to be entitled to be registered as proprietor of certain land but that the Land Registrar has declined to register him; applicant wishes to have an order of mandamus to compel registrar to so register him; application for leave allowed)
The application before me was filed on 30th June, 2015 and is filed pursuant to the provisions of Order 53 Rule 1 (1) and (2) of the Civil Procedure Rules, and Sections 8 and 9 of the Law Reform Act and all other enabling provisions of the law. It is an application seeking orders for leave to commence judicial review proceedings for orders of mandamus to compel the District Land Registrar, Kericho, to register the applicant as the absolute owner and issue a title deed to the land parcel Kericho/Kipchorian/Lesirwa Block 1/92. The applicant also wants the grant of leave to operate as a stay of any further transactions on the title till further orders of the court.
The case of the applicant is that he is the absolute owner of the subject parcel of land having bought it through share contribution in Kipsigei Farmers Co-operative Society wherein he was allocated plot No. 92 Lesirwa Farm. It is his position that he is entitled to be registered as the proprietor of the subject property but that the respondent has failed to effect the transfer in his favour.
I have considered the application. If it is the case that the applicant is entitled to the suit property, then it follows that he is entitled to be registered as proprietor and also entitled to be issued with a title deed. I therefore see no reason why I should not grant him leave.
I therefore do grant leave to the applicant to commence judicial review proceedings for orders of mandamus as intended. I further direct that the main motion be filed and served within 21 days or else this order of leave will lapse. On the prayer for stay, I have not seen any extract of the title and not being sure of what is in the register, I hesitate to issue any order of stay. The applicant is however free to ask for stay at a later point in time if he wishes to pursue it.
Costs of the application shall be costs in the main motion.
It is so ordered.
DELIVERED, DATED AND SIGNED AT KERICHO THIS 30th DAY OF OCTOBER, 2015.
MUNYAO SILA
JUDGE
ENVIRONMENT & LAND COURT
In the presence of;
Mr. E.M.Orina for Applicant
Court assistant- Mr. Kenei