[2024] KEELC 5680 (KLR)
The court found that the applicant had established an arguable case for judicial review, having demonstrated that she is the registered owner of the disputed land parcel and that the respondent's actions in seeking to cancel her title deed may have been undertaken without jurisdiction and in breach of the rules of...
Source-derived case information.
- Citation
- [2024] KEELC 5680 (KLR)
- Parties
- Applicant: Jane Atieno Nyadiga; Respondent: District Land Registrar Homa Bay County; Respondent: Attorney General
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Homa Bay
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Cause E008 of 2024
- Procedural Posture
- Miscellaneous Application / Ruling on Leave for Judicial Review
- Outcome
- Application for leave to apply for judicial review granted; leave to operate as stay; costs to abide outcome of substantive application.
- Judges
- GMA Ongondo
- Legal Topics
- Judicial Review, Certiorari, Prohibition, Land Title Cancellation, Natural Justice
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jane Atieno Nyadiga
Applicant
District Land Registrar Homa Bay County
Respondent
Attorney General
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Leave for Judicial Review
Legal Issues
- 1 Whether the applicant is entitled to leave to apply for judicial review orders of certiorari and prohibition against the respondents.
- 2 Whether the District Land Registrar had legal capacity and jurisdiction to cancel the applicant's title deed.
- 3 Whether the rules of natural justice were breached by the respondent's actions.
Ratio Decidendi
The court found that the applicant had established an arguable case for judicial review, having demonstrated that she is the registered owner of the disputed land parcel and that the respondent's actions in seeking to cancel her title deed may have been undertaken without jurisdiction and in breach of the rules of natural justice. The respondent did not oppose the grant of leave to apply for judicial review or the request that such leave operate as a stay. Accordingly, the court allowed the application for leave to apply for orders of certiorari and prohibition, and directed that the leave granted would operate as a stay of the impugned proceedings, pending the hearing and determination...
Court Disposition
Application for leave to apply for judicial review granted; leave to operate as stay; costs to abide outcome of substantive application.
Orders
- Leave is granted to the applicant to apply for orders of certiorari and prohibition.
- The leave so granted shall operate as a stay of the impugned proceedings as set out in the application.
Full Case Text
Judgment text and source record
31 paragraphs
Nyadiga v District Land Registrar Homa Bay County & another (Miscellaneous Cause E008 of 2024) [2024] KEELC 5680 (KLR) (25 July 2024) (Ruling)
Neutral citation: [2024] KEELC 5680 (KLR)
Republic of Kenya
In the Environment and Land Court at Homa Bay
Miscellaneous Cause E008 of 2024
GMA Ongondo, J
July 25, 2024
IN THE MATTER OF APPLICATION FOR JUDICIAL REVIEW
ORDERS OF CERTIORARI AND PROHIBITION.
IN THE MATTER OF THE LAW REFORM ACT CAP 26 LAWS OF KENYA,
FAIR ADMINISTRATION ACTION ACT 2015
AND
THE LAND REGISTRATION ACT 2016 (2012)
Between
Jane Atieno Nyadiga
Exparte Applicant
and
District Land Registrar Homa Bay County
1st Respondent
Attorney General
2nd Respondent
Ruling
1. By a notice of motion application dated 2nd June 2024, the ex parte applicant, Jane Atieno Nyandiga through Phiona Ogoi and Company Advocates has sought the following orders;a.That the ex parte applicant be granted leave to apply for Judicial Review for the following orders;i.Prohibition prohibiting the Respondent herein from cancelling the Ex-parte Applicants title deed in respect to land parcel Kanyada/Kanyada/Kanyala/456 as contained in the respondent’s letter addressed to the ex-parte applicant.ii.Certiorari to move this Honourable Court to quashed the proceedings, findings and/or decisions of the Respondent in respect to land parcels No. Kanyada/Kanyada/Kalanya/456. iii.That the so leave granted operate as a stay of proceedings in the magistrates Court ELC No. 17 of 2024 against the respondent and 2 others.b.That the Respondent herein be ordered to pay the costs of the Application.
2. The application is founded upon the ex parte applicant’s statutory statement, verifying affidavit, draft notice of motion for Judicial Review and annexed documents which include; title deed in respect of land reference number Kanyada/Kanyango/Kalanya/456 and the 1st respondent’s letter dated 28th March 2024. It is also based on the grounds stated on it’s face namely;a)The applicant is the registered owner of parcel number Kanyada/Kanyada/Kalanya/456. b)That the respondent lacks the necessary legal capacity and jurisdiction to cancel the said title deeds.c)The respondent contravened the rules of natural justice by condemning the ex-parte applicant unheard and failing to supply him with copies of proceedings.d)Thus, the actions of the respondent were improper, irregular, procedural, unreasonable and irrational, hence the decision made thereof was illegal and unreasonable.e)That the Court be pleased to grant leave for hearing of the Judicial Review Application.
3. Ms Juma learned counsel for the respondents has no objection to the 2nd prayer sought in the application.
4. In that regard, the application is steadfast and meritorious.
5. Thus, the application is hereby allowed in terms of leave to apply for orders of Certiorari, Prohibition and the same leave to operate as stay as captured in the 2nd prayer in the application as stated at paragraph 1 (a) (i) (ii) and (iii) hereinabove.
6. The ex parte applicant’s counsel to file and serve the prospective substantive application within the next 21 days from this date.
7. Mention on 16th October 2024 to confirm compliance.
8. Costs of the application to abide the outcome of the prospective substantive application.Orders accordingly.
DATED AND DELIVERED AT HOMA BAY THIS 25TH DAY OF JULY 2024. GEORGE M A ONG’ONDOJUDGEPRESENT;1. Mr. M Migele instructed by Ms. Phiona Amondi learned counsel for the ex Parte applicant2. Ms. Sarah Juma learned counsel for the respondents3. Mr. T. Luanga court assistant.