[2013] KEHC 3506 (KLR)
The court held that the applicant's title to the property is lawful and indefeasible under the Registration of Titles Act, as previously determined in Nairobi JR Mic. Appl. No. 251 of 2004. The respondent's actions, including threats of eviction and demands for rent, are arbitrary, unreasonable, and unlawful. Since...
Source-derived case information.
- Citation
- [2013] KEHC 3506 (KLR)
- Parties
- Applicant: Republic; Respondent: The Permanent Secretary, Ministry of Lands and Housing; Applicant: James Cheruiyot Boit
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Application 1443 of 2004
- Procedural Posture
- Miscellaneous Application / Judgment
- Outcome
- application dismissed
- Judges
- DAS Majanja
- Legal Topics
- Indefeasibility of Title, Eviction Proceedings, Judicial Review, Declaratory Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
The Permanent Secretary, Ministry of Lands and Housing
Respondent
James Cheruiyot Boit
Applicant
Procedural Posture
Miscellaneous Application / Judgment
Legal Issues
- 1 Whether the applicant's title to LR No. 209/13262 is indefeasible under the Registration of Titles Act.
- 2 Whether the respondent's threat of eviction and demand for rent is lawful.
- 3 Whether the current application is necessary given the previous judgment on the same property.
Ratio Decidendi
The court held that the applicant's title to the property is lawful and indefeasible under the Registration of Titles Act, as previously determined in Nairobi JR Mic. Appl. No. 251 of 2004. The respondent's actions, including threats of eviction and demands for rent, are arbitrary, unreasonable, and unlawful. Since the previous judgment had already conclusively determined the status of the property and bound the respondent, the current application was deemed unnecessary and superfluous. Accordingly, the Notice of Motion was dismissed as it served no further legal purpose.
Court Disposition
application dismissed
Orders
- The Notice of Motion dated 18th November 2004 is dismissed.
- There shall be no order as to costs.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
High Court at Nairobi (Nairobi Law Courts)
Miscellaneous Civil Application 1443 of 2004 [if gte mso 9]><xml>
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REPUBLIC ……...………..………………....……...…. APPLICANT
AND
THE PERMANENT SECRETARY,
MINISTRY OF LANDS AND HOUSING ……...…. RESPONDENT
EXPARTE…….…………..……...… JAMES CHERUIYOT BOIT
JUDGMENT
1. In my judgment delivered on 21st September 2012 in the case of Republic v the Permanent Secretary Ministry of Lands and Housing exparte James Cheruiyot Boit, Nairobi JR Mic. Appl. No. 251 of 2004, I stated that, “[16] In this case the applicant is the holder of lawful and indefeasible title [LR No. 209/13262] under the provisions of the Registration of Titles Act. The title cannot be taken away without following due process. Furthermore the demand for rent and threat of eviction are inconsistent with the provisions of the Act which provide for indefeasibility of title. The action of the respondent must therefore be declared arbitrary, unreasonable and unlawful.”
2. The applicant in this case is the same applicant in the previous case. The subject property is House No. HG No. 655B situated in Kileleshwa, Nairobi on the property known as LR No. 209/13262. The only difference in this matter is that the letters threatening the applicant with eviction are written by the Permanent Secretary, Ministry of Roads, Public Works and Housing. In the previous case, the letters which were quashed were written by the Permanent Secretary, Ministry of Lands and Housing.
3. As the previous suit dealt with the status of the property and was one of declarative effect as regards the suit property, this suit is unnecessary in view of the specific findings I have alluded to in paragraph 1 above. Those findings bind the respondent in any case.
4. In the circumstances, the Notice of Motion dated 18th November 2004 is superfluous, serves no purpose and it is accordingly dismissed. There shall be no order as to costs.
DATEDandDELIVEREDatNAIROBIthis 2nd day of May 2013
D.S. MAJANJA
JUDGE
Mr Maweu instructed by Adera and Company Advocates for the ex-parte applicant.
Ms Masaka, Litigation Counsel, instructed by the State Law Office for the respondent.
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