[2019] KEELC 4801 (KLR)
The court found that the ex-parte applicant had disclosed a prima facie cause of action, specifically that there was an arguable case regarding the Land Registrar's failure to register transfer instruments executed in favour of the applicant following a compromise with the current title holders. The court held that...
Source-derived case information.
- Citation
- [2019] KEELC 4801 (KLR)
- Parties
- Applicant: Republic; Respondent: The Chief Land Registrar; Applicant: James Kimani Kanyoro
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Judicial Review 2 of 2019
- Procedural Posture
- Judicial Review / Ruling on Leave Application
- Outcome
- Leave to commence judicial review granted, conditional on filing substantive motion within 21 days.
- Judges
- BM Eboso
- Legal Topics
- Fraudulent Land Transfer, Registration of Titles, Judicial Review Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
The Chief Land Registrar
Respondent
James Kimani Kanyoro
Applicant
Procedural Posture
Judicial Review / Ruling on Leave Application
Legal Issues
- 1 Whether the ex-parte applicant has established a prima facie case for leave to commence judicial review proceedings.
- 2 Whether the Land Registrar's failure to register transfer instruments warrants judicial intervention.
Ratio Decidendi
The court found that the ex-parte applicant had disclosed a prima facie cause of action, specifically that there was an arguable case regarding the Land Registrar's failure to register transfer instruments executed in favour of the applicant following a compromise with the current title holders. The court held that this issue merited further consideration through a substantive motion and therefore granted leave to commence judicial review proceedings. The leave was conditional upon the applicant filing the substantive motion within twenty-one days, failing which the leave would lapse.
Court Disposition
Leave to commence judicial review granted, conditional on filing substantive motion within 21 days.
Orders
- Leave is granted to the ex-parte applicant in terms of prayer 2 of the chamber summons.
- The substantive motion shall be commenced within twenty-one (21) days.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT NAIROBI
JR. CASE NO. 2 OF 2019
REPUBLIC...............................................................................APPLICANT
AND
THE CHIEF LAND REGISTRAR......................................RESPONDENT
JAMES KIMANI KANYORO.............................EXPARTE APPLICANT
RULING
1. I have considered the chamber summons dated 28/1/2019 together with all the materials attached thereto. The ex-parte applicant contends that his land was fraudulently transferred to third parties. This culminated in criminal proceedings against the culprit(s). The current title holders entered into a compromise with the ex-parte applicant and executed transfer instruments in favour of the ex-parte applicant. The Land Registrar has, however, failed to register the instruments and or act on the ex-parte applicant’s application.
2. I am satisfied that the application discloses a prima facie cause of action calling for further consideration through a substantive motion. Consequently, leave is hereby granted to the exparte applicant in terms of prayer 2 of the chamber summons.
The substantive motion shall be commenced within twenty one (21) days. In default, the leave granted herein shall lapse. Mention on 6/3/2019.
DATED, SIGNED AND DELIVERED AT NAIROBI ON THIS 29TH DAY OF JANUARY 2019.
B M EBOSO
JUDGE