[2013] KEHC 2806 (KLR)
The court found that the applicant, as legal representative of the estate of Eutychus Muthui, had made repeated but unsuccessful attempts to access transfer documents for the specified land parcels from the District Land Registrar. The Registrar's failure to provide access constituted a refusal to perform a...
Source-derived case information.
- Citation
- [2013] KEHC 2806 (KLR)
- Parties
- Applicant: Republic; Respondent: District Land Registrar Imenti North District; Applicant: James Kimathi Muthui (as legal representative of the estate of Eutychus Muthui); Defendant: Lincoln Muthui Muita; Defendant: Linco Stores Ltd
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 14 of 2013
- Procedural Posture
- Judicial Review Application / Ruling on Notice of Motion for Mandamus
- Outcome
- Application for mandamus granted. Costs in the cause.
- Judges
- FM Njoroge
- Legal Topics
- Judicial Review, Mandamus, Land Transfer Documents, Estate Administration
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
District Land Registrar Imenti North District
Respondent
James Kimathi Muthui (as legal representative of the estate of Eutychus Muthui)
Applicant
Lincoln Muthui Muita
Defendant
Linco Stores Ltd
Defendant
Procedural Posture
Judicial Review Application / Ruling on Notice of Motion for Mandamus
Legal Issues
- 1 Whether an order of mandamus should issue to compel the District Land Registrar to produce transfer documents relating to specified land parcels for inspection by the applicant.
- 2 Whether the applicant is entitled to costs.
Ratio Decidendi
The court found that the applicant, as legal representative of the estate of Eutychus Muthui, had made repeated but unsuccessful attempts to access transfer documents for the specified land parcels from the District Land Registrar. The Registrar's failure to provide access constituted a refusal to perform a statutory duty. The court was satisfied that the requirements for an order of mandamus had been met, as the applicant had a clear legal right to inspect the documents and the Registrar had failed to act. The respondent did not oppose the application. Accordingly, the court granted the order of mandamus as sought, compelling the District Land Registrar to produce the relevant transfer...
Court Disposition
Application for mandamus granted. Costs in the cause.
Orders
- An order of mandamus is issued compelling the District Land Registrar, Imenti North District, to produce all documents of transfer relating to Land Parcels No. NYAKI/KITHOKA/1529, 1726, 1823, 1495, 460, NYAKI/GIAKI-KIBURINE/6 and MERU MUNICIPALITY BLOCK 11/28 for inspection by the applicant.
- Costs to be in the cause.
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
ELC JR APPL NO. 14 OF 2013
IN THE MATTER OF AN APPLICATION FOR JUDICIAL REVIEW BY
JAMES KIMATHI MUTHUI (as legal representatives of the estate of EUTYCHUS MUTHUI)
FOR LEAVE TO APPLY FOR JUDICIAL REVIEW ORDERS OF MANDAMUS
AND
IN THE MATTER OF THE LAW REFORM ACT CAP 26 OF THE LAWS OF KENYA
REPUBLIC.................................................................................................................................APPLICANT
VERSUS
THE DISTRICT LAND REGISTRAR IMENTI NORTH DISTRICT.....................................RESPONDENT
LINCOLN MUTHUI MUITA..............................................................................1ST INTERESTED PARTY
LINCO STORES LTD.......................................................................................2ND INTERESTED PARTY
EX-PARTE:{JAMES KIMATHI MUTHUI (as legal representative of the estate of EUTYCUS MUTHUI)}
R U L I N G
The application herein is dated 29. 5.2013 and was under a Certificate of Urgency. The provisions of the law it was premised upon were set out on the face of the Notice of Motion. It sought the following:
An order of mandamus to compel the District Land Registrar, Imenti North District to produce all documents of transfer relating to Land Parcels No. NYAKI/KITHOKA/1529, 1726, 1823, 1495, 460, NYAKI/GIAKI-KIBURINE/6 and MERU MUNICIPALITY BLOCK 11/28 for purposes of inspection by the applicant.
Costs of this application be provided for.
During the prosecution of the application Miss Mwangi, Inter alia, relied on the grounds supporting the application. She stated that the estate of the deceased (Eutychus Muthui) comprised all the above parcels but they were allegedly transferred to the interested parties' names immediately prior to the death of the deceased. However, the applicant was unable to peruse the apposite transfer documents despite many attempts as the District Land Registrar, Imenti North District, was uncooperative. As a result the applicant was unable to proceed with High Court Civil Case No. 131 of 2011 without the said documents.
Mr. Kieti, representing the Respondent, for the Attorney General stated that he did not wish to oppose the application save that the costs should be in the cause.
In the circumstances it is ordered:
That prayer 1 of the application by the applicant dated 29th May, 2013 is hereby granted.
Costs be in the cause.
Delivered and Signed in open Court at Meru this 18th day of June, 2013.
P. M. NJOROGE
JUDGE