[2015] KEHC 6710 (KLR)
The court found that the central issue of the purported revocation of the applicant's land grant had already been conclusively determined in Nairobi Petition No. 178 of 2011, where the Gazette Notice effecting the revocation was declared null and void and the Registrar of Titles was directed to cancel the...
Source-derived case information.
- Citation
- [2015] KEHC 6710 (KLR)
- Parties
- Applicant: Keza Limited; Respondent: Registrar of Titles; Respondent: Hon. Attorney General; Respondent: City Council of Nairobi; Interested Party: Smatt Petroleum Limited
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 690 of 2014
- Procedural Posture
- Constitutional Petition / Ruling on Settlement of Suit
- Outcome
- suit marked as settled with costs to the respondents
- Judges
- MM Gitumbi
- Legal Topics
- Revocation of Land Title, Gazette Notices, Administrative Action, Property Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Keza Limited
Applicant
Registrar of Titles
Respondent
Hon. Attorney General
Respondent
City Council of Nairobi
Respondent
Smatt Petroleum Limited
Interested Party
Procedural Posture
Constitutional Petition / Ruling on Settlement of Suit
Legal Issues
- 1 Whether the revocation of Grant No. I.R. 61872 in respect of property L.R No. 209/12085 was lawful.
- 2 Whether the issues raised in the petition had already been conclusively determined in previous litigation.
- 3 Whether the remaining prayers in the petition are subject to determination in a different suit.
Ratio Decidendi
The court found that the central issue of the purported revocation of the applicant's land grant had already been conclusively determined in Nairobi Petition No. 178 of 2011, where the Gazette Notice effecting the revocation was declared null and void and the Registrar of Titles was directed to cancel the revocation. The Registrar complied by publishing a subsequent Gazette Notice, thereby restoring the applicant's title. The prayers in the current petition relating to the revocation were thus rendered moot. The remaining prayers concern issues pending in a separate suit (ELC No. 352 of 2013) and will be determined there. Accordingly, the present suit was marked as settled, with costs...
Court Disposition
suit marked as settled with costs to the respondents
Orders
- This suit is marked as settled.
- Costs awarded to the respondents.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI
MILIMANI LAW COURTS
ENVIRONMENT AND LAND COURT
ELC. NO. 690 OF 2014
(FORMERLY PETITION NO. 243 OF 2014)
KEZA LIMITED.........................................................PETITIONER
VERSUS
REGISTRAR OF TITLES....................................1ST RESPONDENT
HON. ATTORNEY GENERAL.............................2ND RESPONDENT
CITY COUNCIL OF NAIROBI..............................3RD RESPONDENT
AND
SMATT PETROLEUM LIMITED.........................INTERESTED PARTY
RULING
I am satisfied that the subject of this suit being the purported revocation of Grant No. I.R. 61872 in respect of property L.R No. 209/12085 belonging to the Petitioner by the Registrar of Titles through the publication of Gazette Notice No. 9230 dated 29th July 2011 was dealt with conclusively by Justice Majanja in Nairobi Petition No. 178 of 2011 Power Technics Ltd v. Attorney General and Others [2012] eKLR as consolidated with other cases. In that case, the court declared Gazette Notice No. 9230 null and void and directed the Registrar of Titles to gazette the court’s declaration. The Registrar duly complied by publishing the “Cancellation of Revocation of Land Titles” vide Gazette Notice No. 9815.
This effectively lifted the revocation of the Petitioner’s Grant No. I.R. 61872 in respect of property L.R No. 209/12085which comprise prayers A, C, D, E and I of the Petition herein. On the other hand, prayers B, F, G, H and J form the subject matter of ELC No. 352 of 2013 Keza Limited v. Faisal Daud Ali, City Council of Nairobi & Another, which is the issue of the purported licensing of the suit property to the Interested Party. That issue shall be determined in that suit.
In the circumstances, this suit is marked as settled with costs to the Respondents.
DELIVERED AND DATED AT NAIROBI THIS 6TH DAY OF FEBRUARY 2015.
MARY M. GITUMBI
JUDGE