[2022] KEELC 530 (KLR)
The court found that the applicant had established a clear legal right to the official search, which is a statutory duty of the Chief Land Registrar. The absence of any opposition or response from the respondent or interested parties further supported the applicant's case. The court was satisfied that the...
Source-derived case information.
- Citation
- [2022] KEELC 530 (KLR)
- Parties
- Applicant: Republic; Respondent: Chief Land Registrar, Nairobi; Interested Party: National Land Commission; Interested Party: Kiambu County Government; Applicant: Kiambu Club Limited
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Thika
- Jurisdiction
- Kenya
- Case Number
- Judicial Review E002 of 2022
- Procedural Posture
- Judicial Review / Judgment
- Outcome
- application allowed
- Judges
- BM Eboso
- Legal Topics
- Judicial Review Remedies, Mandamus Orders, Land Lease Renewal, Official Land Search, Public Authority Duties
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Chief Land Registrar, Nairobi
Respondent
National Land Commission
Interested Party
Kiambu County Government
Interested Party
Kiambu Club Limited
Applicant
Procedural Posture
Judicial Review / Judgment
Legal Issues
- 1 Whether the Chief Land Registrar can be compelled by an order of mandamus to issue an official search for the applicant's land.
- 2 Whether the applicant is entitled to the official search as a prerequisite for lease renewal.
- 3 Whether the absence of opposition affects the grant of the orders sought.
Ratio Decidendi
The court found that the applicant had established a clear legal right to the official search, which is a statutory duty of the Chief Land Registrar. The absence of any opposition or response from the respondent or interested parties further supported the applicant's case. The court was satisfied that the requirements for an order of mandamus had been met, and that the applicant was entitled to the relief sought to facilitate the renewal of its lease. The court therefore issued an order of mandamus compelling the Chief Land Registrar to issue the official search within one day of service of the order. In default, the requirement for an official search would be dispensed with by the...
Court Disposition
application allowed
Orders
- An order of mandamus is issued directing the Chief Land Registrar to issue the exparte applicant with an official search relating to Land Reference Number 9037 (Original Number 1321/VI/1-2) comprised in Grant Number IR 463, within one day of service of this order.
- In default of the above, the National Land Commission, the County Government of Kiambu, the National Directorate of Land Administration, and any other body or person engaged in the processing of the renewal of the exparte applicant’s lease shall dispense with the requirement for an official search.
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT
AT THIKA
JUDICIAL REVIEW NO. E002 OF 2022
REPUBLIC.........................................................................................APPLICANT
VERSUS
CHIEF LAND REGISTRAR, NAIROBI......................................RESPONDENT
NATIONAL LAND COMMISSION..........................1ST INTERESTED PARTY
KIAMBU COUNTY GOVERNMENT................... 2ND INTERESTED PARTY
KIAMBU CLUB LIMITED............................................EXPARTE APPLICANT
JUDGMENT
1. The exparte applicant is a golf club running a golf course on Land Reference Number 9037 (Original Number 1321/V1/1-2), located in Kiambu Town. The land measures approximately 75 acres. The applicant has held the land as a lessee for about seven decades. The last lease commenced on 1/4/1989 and is due to expire on 31/3/2022.
2. Through a judicial review motion dated 9/3/2022, the exparte applicant contends that it seeks to renew the lease but the Chief Land Registrar has, for unknown reasons, failed to issue it with an official search. It further contends that the official search is one of the documents that the interested parties require in order to process the applicant’s application for renewal of the lease.
3. Owing to the urgency of the matter, I disposed the application for leave the same day the matter was placed before me under certificate of urgency. On the same day, I directed the exparte applicant to file and serve the substantive motion within 2 days. Further, I directed the exparte respondent to file and serve a response within two days of service.
4. When the motion ultimately came up for hearing on 16/3/2022, I directed the exparte applicant’s counsel to once more serve the respondent and the interested parties. The motion eventually came up for hearing before me this morning. There has, so far, been no response nor opposition to the motion. Put differently, the motion is unopposed.
5. Consequently, in the absence of any opposition to the notice of motion dated 9/3/2022, the court is satisfied that the exparte applicant has made out a proper case to warrant issuance of an order of mandamus compelling the Chief Land Registrar to issue the applicant with an official search within a time-frame to be spelt out in the disposal orders. Because the motion is unopposed, there will be no order as to costs.
6. In the end, the notice of motion dated 9/3/2022 is disposed through the following orders:
a) An order of mandamus is hereby issued directing the Chief Land Registrar to issue the exparte applicant with an official search relating to Land Reference Number 9037 (Original Number 1321/VI/1-2) comprised in Grant Number IR 463, within one day of service of this order.
b) In default of (a) above, the National Land Commission, the County Government of Kiambu, the National Directorate of Land Administration, and any other body or person engaged in the processing of the renewal of the exparte applicant’s lease shall dispense with the requirement for an official search.
c) There shall be no order as to costs of this suit.
DATED, SIGNED AND DELIVERED VIRTUALLY AT THIKA ON THIS 21ST DAY OF MARCH 2022
B M EBOSO
JUDGE
In the Presence of: -
Ms Ithondeka for the Applicant
Court Assistant: Lucy Muthoni