[2021] KEELC 4367 (KLR)
The court found that the Land Registrar had not willfully disobeyed the court order, as he credibly explained the circumstances and expressed remorse. The court accepted that the error was due to clerical oversight and not intentional contempt. The parties presented a consent to cancel the impugned title deed, which...
Source-derived case information.
- Citation
- [2021] KEELC 4367 (KLR)
- Parties
- Applicant: Republic; Respondent: Cabinet Secretary Ministry of Lands & Physical Planning; Respondent: Director of Land Adjudication & Settlement; Respondent: Chief Land Registrar; Respondent: Attorney General of Kenya; Interested Party: Rauni Nkari; Applicant: Phares Mugambi
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- Environment and Land Judicial Review Case E002 of 2020
- Procedural Posture
- Miscellaneous Judicial Review Application / Ruling on Adoption of Consent and Orders Regarding Cancellation of Title
- Outcome
- consent adopted; title deed cancelled; directions issued for compliance and further submissions
- Legal Topics
- Title Cancellation, Land Adjudication, Court Orders Compliance
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Cabinet Secretary Ministry of Lands & Physical Planning
Respondent
Director of Land Adjudication & Settlement
Respondent
Chief Land Registrar
Respondent
Attorney General of Kenya
Respondent
Rauni Nkari
Interested Party
Phares Mugambi
Applicant
Procedural Posture
Miscellaneous Judicial Review Application / Ruling on Adoption of Consent and Orders Regarding Cancellation of Title
Legal Issues
- 1 Whether the Land Registrar was in contempt of court for issuing a title deed in contravention of a stay order.
- 2 Whether the consent for cancellation of the impugned title deed should be adopted as an order of the court.
Ratio Decidendi
The court found that the Land Registrar had not willfully disobeyed the court order, as he credibly explained the circumstances and expressed remorse. The court accepted that the error was due to clerical oversight and not intentional contempt. The parties presented a consent to cancel the impugned title deed, which the court found to be a fair and just resolution of the dispute. The court adopted the consent as an order, directing the Land Registrar to cancel the title and restore the previous status quo. The court further ordered the Land Registrar to confirm compliance and set timelines for further submissions and responses, thereby resolving the immediate dispute and ensuring...
Court Disposition
consent adopted; title deed cancelled; directions issued for compliance and further submissions
Orders
- The consent for cancellation of the title deed issued to Rauni Nkari in respect of LR No. Marembo/Rianthiga/106 is adopted as an order of the court.
- The Land Registrar, Chuka, is ordered to cancel the title for LR No. Marembo/Rianthiga/106 immediately and restore the status quo extant before the said title was issued.
Full Case Text
Judgment text and source record
41 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT
AT CHUKA
CHUKA ELC MISCELLANEOUS JUDICIAL REVIEW APPLICATION CASE NO. E002 OF 2020
REPUBLIC....................................................................................................................APPLICANT
VERSUS
THE CABINET SECRETARY MINISTRY OFLANDS &
PHYSICAL PLANNING..................................................................................1ST RESPONDENT
THE DIRECTOR OF LAND ADJUDICATION & SETTLEMENT...........2ND RESPONDENT
THE CHIEF LAND REGISTRAR.................................................................3RD RESPONDENT
THE ATTORNEY GENERAL OF KENYA..................................................4TH RESPONDENT
AND
RAUNI NKARI............................................................................................INTERESTED PARTY
PHARES MUGAMBI ..............................................................................EXPARTE APPLICANT
RULING
1. The Land Registrar Chuka, Mr. Mwiti Njue, had been ordered by court to explain the circumstances under which a title deed had been issued in contravention of a stay order issued by the court.
2. The Land Registrar explained that he had received a letter dated 23rd September, 2020, instructing him to issue a title deed to the interested party. He told the court that the relevant court order had been given to the Land Registry clerks who did not bring it to his attention. He told the court that he was remorseful and that he did not knowingly disobey a court order. He asked the court to forgive his innocent infraction.
3. I find that the Land Registrar had purged his alleged disobedience of a court order.
4. The exparte applicant and the interested party asked the court to adopt a consent which would allow for the cancellation of the impugned title. The consent is dated 17th February, 2021 and reads as follows:
CONSENT
1. That an order be issued cancelling the title deed issued to the interested party Rauni Nkari in respect of LR. No. Marembo/Rianthiga/106.
2. There be no order as to costs.
Signed
Muthomi h/b Momanyi signed for the ex-parte applicant
Kiongo for 1st, 2nd, 3rd and 4th Respondents
I.C. Mugo for the Interested Party
Dated this 17th February, 2021 at Chuka.
5. The consent is adopted as an order of this court.
6. The following orders are issued:
a. The consent submitted by the parties seeking an order for cancellation of the Title in respect of LR No. Marembo/Rianthiga/106 is adopted as an order of the court.
b. The Land Registrar, Chuka, is hereby ordered to cancel the Title for LR. No. Marembo/Rianthiga/106 immediately and restore the status quo extant before the said title was issued.
c. The Land Registrar, Mr. Mwiti Njue to personally come to court on 15. 3.2021 to confirm that order (b) above has been implemented.
d. By consent, parties to file fresh submissions and the respondents to also file responses concurrently within 21 days of today.
e. By consent, directions on 15. 3.2021.
Delivered in open Court at Chuka this 17th day of February, 2021 in the presence of:
CA: Ndegwa
Muthomi Gitari h/b Momanyi for the ex-parte applicant
Kiongo for 1st, 2nd, 3rd and 4th respondents
I.C. Mugo for the Interested Party
HON. JUSTICE Dr. P. M. NJOROGE,
ELC JUDGE.