[2025] KEHC 1696 (KLR)
The court found that no urgency was disclosed in the application, as the decisions being challenged were made several months prior. The court further observed that the substance of the application falls within the jurisdiction of the Environment and Land Court, not the High Court. However, at the request of the...
Source-derived case information.
- Citation
- [2025] KEHC 1696 (KLR)
- Parties
- Applicant: Republic; Respondent: District Land Registrar, Kwale; Respondent: Chief Registrar; Respondent: Attorney General; Applicant: Holiday Resports Development Company Limited
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Judicial Review Miscellaneous Application E033 of 2025
- Procedural Posture
- Judicial Review / Ruling on Urgency and Directions for Inter Partes Hearing
- Outcome
- Application for urgency declined; directions issued for inter partes hearing on jurisdiction.
- Judges
- RE Aburili
- Legal Topics
- Jurisdiction of High Court, Land Registration Disputes, Urgent Applications, Environment and Land Court Mandate
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
District Land Registrar, Kwale
Respondent
Chief Registrar
Respondent
Attorney General
Respondent
Holiday Resports Development Company Limited
Applicant
Procedural Posture
Judicial Review / Ruling on Urgency and Directions for Inter Partes Hearing
Legal Issues
- 1 Whether the application discloses sufficient urgency to warrant certification as urgent.
- 2 Whether the High Court has jurisdiction to entertain the application or if it falls within the mandate of the Environment and Land Court.
Ratio Decidendi
The court found that no urgency was disclosed in the application, as the decisions being challenged were made several months prior. The court further observed that the substance of the application falls within the jurisdiction of the Environment and Land Court, not the High Court. However, at the request of the exparte applicant's advocate, the court directed that the jurisdictional issue be canvassed inter partes, requiring service of the application on all affected parties and scheduling a hearing specifically on the question of jurisdiction before any further directions could be given.
Court Disposition
Application for urgency declined; directions issued for inter partes hearing on jurisdiction.
Orders
- The application is not certified as urgent.
- The exparte applicant is directed to serve the respondents and all affected parties within 21 days.
Full Case Text
Judgment text and source record
30 paragraphs
Republic v District Land Registrar, Kwale & 2 others; Holiday Resports Development Company Limited (Exparte Applicant) (Judicial Review Miscellaneous Application E033 of 2025) [2025] KEHC 1696 (KLR) (Judicial Review) (11 February 2025) (Ruling)
Neutral citation: [2025] KEHC 1696 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Judicial Review
Judicial Review Miscellaneous Application E033 of 2025
RE Aburili, J
February 11, 2025
Between
Republic
Applicant
and
The District Land Registrar, Kwale
1st Respondent
Chief Registrar
2nd Respondent
The Attorney General
3rd Respondent
and
Holiday Resports Development Company Limited
Exparte Applicant
Ruling
1. I have considered the Chamber Summons dated 10/2/2025 filed under certificate of urgency. I have also considered the documents annexed thereto in support, the statutory statement of facts and the verifying affidavit.
2. I find no urgency disclosed as the decisions being challenged were made in August 2024.
3. I decline to certify the application as urgent.
4. On the application itself, I have observed that the same is brought under the Land Registration Act and Land Act and that the prayers sought are those that are ordinarily sought and granted by the Environment and Land Court. I have brought this jurisdictional issue to the attention of the Advocate for the exparte applicant who requests that the issue be canvassed inter partes.
5. Accordingly, I direct the exparte applicant to serve the Respondents and all other parties affected or likely to be affected by the decision that this court may make more particularly, Donald Ndawiro Masanju and the administrators of the estate of Asha S. Nassar namely; Nassir Salmin Omar, Ah Omar Salmin and Salma Sammin Omar for inter partes consideration of the issue of jurisdiction of this court before any other direction can be given by the court.
6. Service shall be effected within 21 days of today.
7. Hearing on the question of jurisdiction shall be on 12/3/2025.
DATED, SIGNED AND DELIVERED AT NAIROBI THIS 11TH DAY OF FEBRUARY, 2025R.E. ABURILIJUDGE