[2018] KEELC 4009 (KLR)
The court found that the applicant had demonstrated sufficient grounds for the grant of leave to apply for an order of mandamus. The applicant had obtained a judgment in her favour in Nairobi HCCC No. 659 of 1997, which directed the rectification of the land register to reflect her as the owner of LR...
Source-derived case information.
- Citation
- [2018] KEELC 4009 (KLR)
- Parties
- Applicant: Zubeda Bhachu; Respondent: County Land Registrar Narok
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Narok
- Jurisdiction
- Kenya
- Case Number
- Judicial Review 22 of 2017
- Procedural Posture
- Judicial Review / Ruling on Leave to Apply for Order of Mandamus
- Outcome
- Leave granted to the applicant to commence judicial review proceedings for an order of mandamus.
- Judges
- MN Kullow
- Legal Topics
- Judicial Review, Mandamus, Land Registration, Rectification of Register
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Zubeda Bhachu
Applicant
County Land Registrar Narok
Respondent
Procedural Posture
Judicial Review / Ruling on Leave to Apply for Order of Mandamus
Legal Issues
- 1 Whether the applicant is entitled to leave to apply for an order of mandamus to compel the County Land Registrar to implement a court order.
- 2 Whether the County Land Registrar's refusal to rectify the land register in compliance with a court judgment is lawful.
Ratio Decidendi
The court found that the applicant had demonstrated sufficient grounds for the grant of leave to apply for an order of mandamus. The applicant had obtained a judgment in her favour in Nairobi HCCC No. 659 of 1997, which directed the rectification of the land register to reflect her as the owner of LR Narok/Township/14. Despite service of the judgment, the County Land Registrar Narok failed and refused to implement the court order. The court held that the applicant was entitled to seek judicial review to compel the Registrar to comply with the judgment. Accordingly, the court granted leave to the applicant to commence judicial review proceedings, to be filed within 21 days.
Court Disposition
Leave granted to the applicant to commence judicial review proceedings for an order of mandamus.
Orders
- The applicant is granted leave to commence judicial review proceedings against the respondent.
- The judicial review application must be filed within 21 days.
Full Case Text
Judgment text and source record
41 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT
AT NAROK
JUDICIAL REVIEW CAUSE NO. 22 OF 2017
IN THE MATTER OF AN APPLICATION BY ZUBEDA BHACHU
FOR LEAVE TO APPLY FOR AN ORDER OF MANDAMUS
AND
IN THE MATTER OF AN APPLICATION BY ZUBEDA BHACHU TO COMPEL
THE COUNTY LAND REGISTRAR NAROK TO EXECUTE THE ORDER AND
DECREE ISSUED BY THE HIGH COURT GIVEN IN NAIROBIHCCC
NO. 659 OF 1997HAVA ISAK SULEIMAN VERSUS ZUBEDA BHACHU
AND
IN THE MATTER OF SECTIONS 79(2), 80(1) AND
86(1) OF THE LAND REGISTRATION ACT 2012
AND
IN THE MATTER OF THE REFUSAL BY THE COUNTY LANDREGISTRAR,
NAROK, TO CANCEL THE TITLE TO L.R.NO NAROK/TOWNSHIP/14
CURRENTLY IN THE NAME OF HAVA ISAK SULEIMAN AND
REGISTERTHE SAME IN THE NAME OF ZUBEDA BHACHU
INCOMPLIANCE WITH THE ORDER OF THE COURT
BETWEEN
REPUBLIC.................................................................APPLICANT
AND
THE COUNTY LAND REGISTRAR NAROK....RESPONDENT
EXPARTE
ZUBEDA BHACHU
RULING
The Exparte Applicant has brought the Application herein under order 53 Rule 1 of the Civil Procedure Rules by way of a Chamber Summons dated 25th October, 2017 seeking leave of this court to apply for an order of mandamus against the Respondents decision and failure to implement an order of the court issued in HCCC No. 659 of 1997 to rectify the register in respect a parcel of land known as LR Narok/Township14 by deleting the name of Hava Isak Suleiman and substituting it with that of Zubeda Bachu.
The Application was based on the ground that sometimes in 1997 the now deceased husband of Hava Isak Suleiman fraudulently caused the registration of the suit land in his name and applied to evict the Applicant in Nairobi HCC No. 659 of 1997 causing the Applicant to raise a counter claim in the same suit seeking the cancellation of the plaintiff’s title.
When the suit was fully heard the plaintiff’s suit was dismissed and judgement was entered for the Applicant. The Application was supported by the affidavit of one Zubeda Bachu who averred that the Registrar Narok despite service of the Judgement of the court failed and refused to rectify the register pursuant to the judgement of the court.
I have read the Application before me together with the Supporting Affidavit by the Applicant and the Judgement of Mwera J as he then was.
Having applied my mind to the averment contained in the Application and the judgement I allow the Application dated 25/10/17 and grant the Applicant leave to commence Judicial Review Application against the Respondent and the said Application be filed within 21 days.
Orders accordingly.
Dated, Signed and Delivered in open court at NAROK on this 26th day of January, 2018
Mohammed Noor Kullow
Judge
In the presence of:-
N/A for the parties
Mohammed Noor Kullow
Judge
26/1/18