[2015] KEELC 451 (KLR)
The court found that the applicant had demonstrated sufficient grounds to warrant the grant of leave to commence judicial review proceedings. The applicant had shown that he purchased the suit property and executed all necessary transfer instruments, but the relevant authorities failed to register the transfer in...
Source-derived case information.
- Citation
- [2015] KEELC 451 (KLR)
- Parties
- Applicant: Republic; Respondent: Land Adjudication & Settlement Officer, Naivasha; Respondent: Bernard Siameto Soiyandet; Respondent: Director Land Adjudication & Settlement Department; Respondent: The Attorney General; Applicant: John Chege Ndungu
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application 129 of 2015
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Leave to Commence Judicial Review Proceedings
- Outcome
- Leave granted to commence judicial review proceedings; conservatory orders issued.
- Judges
- MA Silau
- Legal Topics
- Judicial Review, Land Registration, Transfer of Land, Conservatory Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Land Adjudication & Settlement Officer, Naivasha
Respondent
Bernard Siameto Soiyandet
Respondent
Director Land Adjudication & Settlement Department
Respondent
The Attorney General
Respondent
John Chege Ndungu
Applicant
Procedural Posture
Miscellaneous Application / Ruling on Application for Leave to Commence Judicial Review Proceedings
Legal Issues
- 1 Whether the applicant is entitled to leave to commence judicial review proceedings for orders of mandamus and prohibition regarding registration of land transfer.
- 2 Whether conservatory orders should be granted to preserve the suit property pending determination of the substantive motion.
Ratio Decidendi
The court found that the applicant had demonstrated sufficient grounds to warrant the grant of leave to commence judicial review proceedings. The applicant had shown that he purchased the suit property and executed all necessary transfer instruments, but the relevant authorities failed to register the transfer in his favour. Given the risk of further interference with the property, the court exercised its discretion to grant conservatory orders to preserve the status quo and prevent any disposition or construction on the land until the substantive motion is heard and determined. The court also dispensed with the requirement to serve the respondents at this preliminary stage, considering...
Court Disposition
Leave granted to commence judicial review proceedings; conservatory orders issued.
Orders
- Leave is granted to the ex-parte applicant to commence judicial review proceedings.
- The substantive motion must be filed and served within 21 days.
Full Case Text
Judgment text and source record
35 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT OF KENYA
AT NAKURU
MISC APPLICATION NO 129 OF 2015
REPUBLIC ………………………............................…………………APPLICANT
LAND ADJUDICATON & SETTLEMENT OFFICER,
NAIVASHA ……………………...............................…………..1ST RESPONDENT
BERNARD SIAMETO SOIYANDET …....................................2ND RESPONDENT
DIRECTOR LAND ADJUDICATION & SETTLEMENT
DEPARTMENT ……………………...............................……..3RD RESPONDENT
THE ATTORNEY GENERAL ……......................................….4TH RESPONDENT
EX-PARTE
JOHN CHEGE NDUNGU
RULING
(Application for leave to commence judicial review proceedings; leave granted).
1. The applicant John Chege Ndungu has sought leave to commence judicial review proceedings for the prerogative orders of mandamus inter alia to compel the 1st & 3rd respondents to register a transfer instrument executed in his favour by the 2nd respondent. He also wants to apply for an order of prohibition to prohibit the registration of any other person other than himself as proprietor of the plot No.508 Moi Ndabi.
2. The core reasons for the application are that the 2nd respondent sold the suit property to the ex-p arte applicant and executed all transfers instruments. The 1st & 3rd respondents have however failed to register the instruments and the 2nd respondent has now re-entered the premises.
3. The matter had earlier been filed at the Naivasha High court and the same was transferred to this court since the subject matter is title to land. An earlier order had been made to serve the respondents but I feel compelled to review it, as to me, I do not think it is necessary to do so, given the circumstances of this case.
4. Being now fully seized with the matter, I do grant leave to the ex-parte applicant to commence the intended action for judicial review. I direct that the substantive motion be filed and served within 21 days.
5. In this motion, the ex-parte applicant has also asked for conservatory orders to restrain any person from interfering with the suit property. In my discretion, I make the following conservatory orders: -
That no disposition be entered or registered with regard to the plot No. 508 Moi Ndabi Settlement Scheme.
The status quo currently prevailing in terms of occupation of the suit land be maintained.
There be no construction of any structures on the suit property.
The matter will be mentioned for further directions on 15/7/2015.
Dated, signed and delivered in open court at Nakuru this 13th Day of May 2015.
MUNYAO SILA
JUDGE
ENVIRONMENT & LAND COURT AT NAKURU
In presence of :-
Mr Kagucia for applicant
Janet: Court Assistant
MUNYAO SILA
JUDGE
ENVIRONMENT & LAND COURT
AT NAKURU