[2023] KEELC 20058 (KLR)
The court found that the Land Registrar Kajiado North (Ngong) had a clear statutory duty to register the transfer instrument dated February 26, 2020 and issue a title deed for the property Ngong/Ngong/94034. The applicants had fulfilled all necessary requirements, and the respondents failed to provide any...
Source-derived case information.
- Citation
- [2023] KEELC 20058 (KLR)
- Parties
- Applicant: Odillie Mutaka Mwani; Applicant: Lisa Maria Muhandichi Mayende; Respondent: Land Registrar Kajiado North (Ngong); Respondent: Hon Attorney General
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Kajiado
- Jurisdiction
- Kenya
- Case Number
- Judicial Review E012 of 2022
- Procedural Posture
- Judicial Review / Judgment
- Outcome
- application allowed
- Judges
- LC Komingoi
- Legal Topics
- Mandamus Orders, Land Registration, Fair Administrative Action, Transfer of Land, Public Duty, Constitutional Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Odillie Mutaka Mwani
Applicant
Lisa Maria Muhandichi Mayende
Applicant
Land Registrar Kajiado North (Ngong)
Respondent
Hon Attorney General
Respondent
Procedural Posture
Judicial Review / Judgment
Legal Issues
- 1 Whether the Land Registrar Kajiado North (Ngong) failed in their statutory duty to register the transfer instrument and issue a title deed for Ngong/Ngong/94034.
- 2 Whether the applicants are entitled to an order of mandamus compelling the registration and issuance of the title deed.
- 3 Whether the failure to act infringed the applicants' rights under Article 47 of the Constitution and the Fair Administrative Action Act.
Ratio Decidendi
The court found that the Land Registrar Kajiado North (Ngong) had a clear statutory duty to register the transfer instrument dated February 26, 2020 and issue a title deed for the property Ngong/Ngong/94034. The applicants had fulfilled all necessary requirements, and the respondents failed to provide any justification for their inaction, nor did they oppose the application. The court held that the failure to act amounted to an abdication of statutory duty and a violation of the applicants' rights to fair administrative action under Article 47 of the Constitution and the Fair Administrative Action Act. Consequently, the court granted an order of mandamus compelling the Land Registrar to...
Court Disposition
application allowed
Orders
- An order of mandamus is issued compelling the Land Registrar Kajiado North (Ngong) to register the transfer instrument dated February 26, 2020 and to subsequently issue a title deed in respect of Ngong/Ngong/94034.
- No order as to costs.
Full Case Text
Judgment text and source record
30 paragraphs
Mwani & another v Land Registrar Kajiado North (Ngong) & another (Judicial Review E012 of 2022) [2023] KEELC 20058 (KLR) (25 September 2023) (Judgment)
Neutral citation: [2023] KEELC 20058 (KLR)
Republic of Kenya
In the Environment and Land Court at Kajiado
Judicial Review E012 of 2022
LC Komingoi, J
September 25, 2023
IN THE MATTER OF JUDICIAL REVIEW PROCEEDINGS FOR ORDERS OF MANDAMUS AND IN THE MATTER OF: BREACH OF ARTICLE 47 OF THE CONSTITUTION OF KENYA 2010 AND IN THE MATTER OF: LAND PARCEL NO.NGONG/NGONG/94034 AND IN THE MATTER OF: LAND REGISTRATION ACT NO.3 OF 2021 LAWS OF KENYA AND IN THE MATTER OF AN APPLICATION FOR A NOTICE OF MOTION FOR JUDICIAL REVIEW PROCEEDINGS FOR AN ORDER OF MANDAMUS IN THE MATTER OF: SECTION 8 AND 9 OF THE LAW REFORMS ACT CAP 26 LAWS OF KENYA
Between
Odillie Mutaka Mwani
1st Applicant
Lisa Maria Muhandichi Mayende
2nd Applicant
and
The Land Registrar Kajiado North (Ngong)
1st Respondent
The Hon Attorney General
2nd Respondent
Judgment
1. This is the notice of motion dated July 10, 2023 brought under;(Under sections 8 and 9 of the Law Reform Act, chapter 26 of the laws of kenya, order 53, rule 3 and 4 of the Civil Procedure Rules, 2010, article 47 of the Constitution of Kenya, section 4(1), (b) and (c) of the fair administrative Action Act, sections 14(1) & (2) of the Land Registration Act and all enabling provisions of the Law).
2. It seeks orders;1. An order of Mandamus compelling the Land Registrar Kajiado North (Ngong) the 1st Respondent herein to register the transfer instrument dated February 26, 2020 and to subsequently issue a title deed in respect of property Title No.Ngong/Ngong/94034. 2.Costs of the Application.
3. The grounds are on the face of the application and are set out in paragraphs 1 to 19.
4. The application is supported by the affidavit of Lisa Maria Muhandichi Mayende, sworn on the October 25, 2022.
5. Despite being served the respondent’s have not file any responses.
6. It is the exparte applicant’s case that the 1st respondent has wrongly abdicated and abandoned his duties and power in failing to exercise his public duty to register, transfers of interest in land and issue a valid title deed in respect of the suit property, thus infringing on the applicant’s right to property as well as fair administration action.
7. It is also their case that the refusal to register the transfer is in bad faith, malicious and inclined to frustrate the applicants.
8. The application is unopposed.
9. I am satisfied that the ex parte applicant’s have made out a good case to warrant the orders sought.
10. Accordingly I grant the following orders;a.That an order of Mandamus is hereby issued compelling the Land Registrar, Kajiado North (Ngong) the 1st Respondent herein to register the transfer instrument dated February 26, 2020 and to subsequently issue a title deed in respect of Ngong/Ngong/94034. b.That I make no orders as to costs.
DATED, SIGNED AND DELIVERED VIRTUALLY AT KAJIADO THIS 25TH DAY OF SEPTEMBER 2023. L. KOMINGOIJUDGE.