[2019] KEELC 944 (KLR)
The court found that the ex-parte applicants, as administrators of the estate of the deceased registered proprietor, had established a proper basis for the grant of leave to apply for an order of mandamus. The applicants demonstrated that the respondent, as custodian of land records, had declined to issue them with...
Source-derived case information.
- Citation
- [2019] KEELC 944 (KLR)
- Parties
- Applicant: Republic; Respondent: Chief Land Registrar; Applicant: Roselyne Akoth Ayoki; Applicant: Victor Owuor Ayoki
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 181 of 2019
- Procedural Posture
- Miscellaneous Application / Ruling on Leave to Apply for Judicial Review
- Outcome
- Leave granted to the ex-parte applicants to file a substantive motion for judicial review.
- Judges
- BM Eboso
- Legal Topics
- Judicial Review, Mandamus Orders, Land Registration, Fraudulent Transfer
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Chief Land Registrar
Respondent
Roselyne Akoth Ayoki
Applicant
Victor Owuor Ayoki
Applicant
Procedural Posture
Miscellaneous Application / Ruling on Leave to Apply for Judicial Review
Legal Issues
- 1 Whether the ex-parte applicants have established a prima facie case for leave to apply for an order of mandamus against the Chief Land Registrar.
- 2 Whether the applicants are entitled to official search and deed file documents relating to the suit property.
Ratio Decidendi
The court found that the ex-parte applicants, as administrators of the estate of the deceased registered proprietor, had established a proper basis for the grant of leave to apply for an order of mandamus. The applicants demonstrated that the respondent, as custodian of land records, had declined to issue them with an official search and deed file documents, and that there was an arguable case for judicial review. Accordingly, leave was granted to file the substantive motion.
Court Disposition
Leave granted to the ex-parte applicants to file a substantive motion for judicial review.
Orders
- Leave is granted to the ex-parte applicants to file and serve the substantive motion within 21 days.
- The respondent to file and serve a response within 14 days from date of service.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT MILIMANI
ELC MISC APPLIC NO 181 OF 2019
REPUBLIC.........................................................................................................APPLICANT
VERSES
THE CHIEF LAND REGISTRAR................................................................RESPONDENT
ROSELYNE AKOTH AYOKI
VICTOR OWUOR AYOKI
(Suing as Administrators of
the estate of Wycliffe Onyango Ayoki (Deceased)......................EX-PARTE APPLICANT
BEFORE: HON JUSTICE B M EBOSO
IN CHAMBERS ON 15/10/2019
RULING
I have considered the chamber summons dated 14/10/2019. The ex-parte applicants contend that they are administrators of the estate of the late Wycliff Adonijah Onyango Ayoki who until his death in 1997 was the registered proprietor of Land Reference Number 3734/27, comprised in Title Number LR 13376. They allege that the said title has been fraudulently transferred into the name of one Andrew Munene Mugambi but the respondent who is the custodian of land records has declined to issue them with an official search relating to the suit property.
Consequently, they seek leave of the court to bring a motion to compel the respondent through orders of mandamus to issue them with an official search and copies of the deed file showing all transactions on the deed file.
I have considered the chamber summons together with the evidential materials attached to it. I am satisfied that a proper basis has been laid for grant of leave. I accordingly grant leave. The substantive motion shall be filed and served within 21 days from today. Mention for directions on 2/12/2019. The respondent to file and serve a response within 14 days from date of service. Parties to exchange brief written submissions before 2/12/2019. It is so ordered.
DATED, SIGNED AND RENDERED AT NAIROBI ON THIS 15TH DAY OF OCTOBER 2019.
B M EBOSO
JUDGE