[2017] KEELC 1978 (KLR)
The court found that the applicant, as the registered proprietor of the suit property, had made a lawful request for certified copies of the register and official search, which the 1st respondent refused to provide without justification. The respondents did not oppose the application. The court held that the...
Source-derived case information.
- Citation
- [2017] KEELC 1978 (KLR)
- Parties
- Applicant: Republic; Respondent: Kwale Lands Registrar; Respondent: National Lands Commission; Respondent: The Hon. Attorney General
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Judicial Review Miscellaneous Application 2 of 2017
- Procedural Posture
- Judicial Review Application / Ruling
- Outcome
- application allowed
- Judges
- LC Komingoi
- Legal Topics
- Mandamus Orders, Access to Information, Land Registration, Administrative Duties
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Kwale Lands Registrar
Respondent
National Lands Commission
Respondent
The Hon. Attorney General
Respondent
Procedural Posture
Judicial Review Application / Ruling
Legal Issues
- 1 Whether the applicant is entitled to an order of mandamus compelling the 1st respondent to furnish certified copies of the register and official search for parcel Mombasa/Pangu Fuel Area/11.
- 2 Whether the 1st respondent has unlawfully refused to provide the requested documents to the applicant.
Ratio Decidendi
The court found that the applicant, as the registered proprietor of the suit property, had made a lawful request for certified copies of the register and official search, which the 1st respondent refused to provide without justification. The respondents did not oppose the application. The court held that the applicant had established a clear legal right to the documents and that the 1st respondent had a statutory duty to provide them. The refusal amounted to a breach of the applicant's rights under the Constitution and relevant statutes. Consequently, the court granted an order of mandamus compelling the 1st respondent to furnish the requested documents within twenty-one days.
Court Disposition
application allowed
Orders
- An order of mandamus is issued compelling the 1st respondent to furnish the applicant with certified copies of the register and official search in respect of land parcel number Mombasa/Pangu Fuel Area/11 within twenty-one (21) days from the date hereof.
- No order as to costs.
Full Case Text
Judgment text and source record
39 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT
AT MOMBASA
JR MIS APPL NO. 2 OF 2017
IN THE MATTER OF ARTICLE 35 AND 47 OF THE CONSTITUTION OF KENYA
AND
IN THE MATTER OF SECTIONS 9 AND OF THE LAND REGISTRATION ACT NO 3 OF 2012
AND
IN THE MATTER OF SECTION THE FAIR ADMINISTRATIVE ACTION ACT 2015
AND
IN THE MATTER OF APPLICATION FRO JUDICIAL REAVIEW ORDER OF MANDAMUS
AND
IN THE MATTER OF TITLE NUMBER MOMBASA/PANGU FUEL AREA/11 BETWEEN
REPUBLIC …….. …………………………………………...APPLICANT
-VS-
KWALE LANDS REGISTRAR………………………1ST RESPONDENT
NATIONAL LANDS COMMISSION…………..…... 2ND RESPONDENT
THE HON. ATTORNEY GENERAL………………... 3RD RESPONDENT
RULING
1. This is the Notice of Motion dated 14/2/2017. It is brought under order 53 rule 3 of the Civil Procedure Rules 2010 and all other enabling provisions of the law.
It seeks orders;
1. An order of mandamus do issue compelling the 1st Respondent herein to furnish the Applicant with certified copies of the register and official search in respect of parcel number Mombasa/Pangu Fuel area/11 within two (2) days of the date of this order.
2. That costs of this Application be made to the Applicant. The application is supported by the affidavit of John Wahinya Karuga sworn on the 8/2/2017.
The grounds are on the face of the application. The main one being the Applicant is the registered proprietor of all that parcel of land known as Mombasa/Pangu fuel area/11 pursuant to a title deed issued on 28th January 1993.
That unknown persons invaded the suit property and demolished a perimeter wall erected by the Applicant.
2. The Application was duly served on the Respondents. They have filed no response. I find the application herein unopposed.
3. It is the applicant’s contention that the Registrar of Lands Kwale has refused and remained adamant in refusing to furnish him with certified copies of the register and search in respect of the suit property.
I find that the Applicant has made out a good case to warrant the orders sought.
I find merit in this application and I grant the orders sought namely;
1. That an order of mandamus do hereby issue compelling the 1st Respondent herein to furnish the Applicant with certified copies of the register and official search in respect of land parcel number Mombasa/Panga fuel area/11 within twenty one (21) days from the date hereof
2. I make no orders as to costs orders accordingly.
Dated and signed at Mombasa on the 19th day of July 2017.
L. KOMINGOI
JUDGE
19/7/2017
Ruling dated and delivered in open court on the 19th day of July 2017 in the absence of the parties duly informed.
L. KOMINGOI
JUDGE
19/7/2017