[2002] KEHC 1155 (KLR)

[2002] KEHC 1155 (KLR)

The court found that the plaintiff was the registered owner of the suit premises and that the Commissioner of Lands had no lawful or acceptable grounds to cancel the titles. The grounds cited for cancellation—existence of road reserve, telephone cables, and water pipelines—should have been discovered during the government survey process prior to issuance of titles. The Commissioner of Lands did not follow the compulsory acquisition procedure as required by the Land Acquisition Act, nor did he provide any defence or explanation in court. The court held that the plaintiff's rights as a registered proprietor are protected and can only be defeated by lawful procedure, which was not followed...

Citation
[2002] KEHC 1155 (KLR)
Parties
Plaintiff: Ocean View Plaza Ltd; Defendant: Attorney General
Court
High Court
Court Station
High Court at Mombasa
Jurisdiction
Kenya
Judgment Date
24 April 2002
Case Number
Civil Appeal 527 of 2001
Procedural Posture
Civil Case / Judgment
Outcome
judgment for the plaintiff
Legal Topics
Title Cancellation, Compulsory Acquisition, Land Allocation, Restrictions on Title
Source Language
English
Land and Property Civil Procedure Title Cancellation Compulsory Acquisition Land Allocation Restrictions on Title

Case Brief

Summary, issues, holding and outcome

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Parties

Ocean View Plaza Ltd

Plaintiff

Attorney General

Defendant

Procedural Posture

Civil Case / Judgment

Legal Issues

  1. 1 Whether the Commissioner of Lands had lawful grounds to cancel the plaintiff's titles to LR No MN/1/9933 and LR No MN/1/9892.
  2. 2 Whether the proper procedure for compulsory acquisition of land was followed.
  3. 3 Whether the plaintiff's rights as a registered proprietor were violated by the cancellation and restriction.

Ratio Decidendi

The court found that the plaintiff was the registered owner of the suit premises and that the Commissioner of Lands had no lawful or acceptable grounds to cancel the titles. The grounds cited for cancellation—existence of road reserve, telephone cables, and water pipelines—should have been discovered during the government survey process prior to issuance of titles. The Commissioner of Lands did not follow the compulsory acquisition procedure as required by the Land Acquisition Act, nor did he provide any defence or explanation in court. The court held that the plaintiff's rights as a registered proprietor are protected and can only be defeated by lawful procedure, which was not followed...

Court Disposition

judgment for the plaintiff

Orders

  • A declaration is issued that the Commissioner of Lands letter dated 29th November, 2000 is null and void.
  • A declaration is issued that the Mombasa Registrar of Titles letter dated 5th February 2001 is null and void.