[2002] KEHC 227 (KLR)
The court found that land documents held by the Lands Office are public documents, and the Land Registries are open to the public during working hours. There was no explanation from the respondent as to why the applicants were refused access. In the absence of any opposition or justification, the court was satisfied...
Source-derived case information.
- Citation
- [2002] KEHC 227 (KLR)
- Parties
- Applicant: Khelef Khalifa; Applicant: Sheikh Ali Sheikh; Applicant: Sheikh Mohamed Dor; Applicant: Sheikh Juma Ngao; Applicant: Muni Mazrui; Applicant: Sheikh Mohamed Khalifa; Respondent: Commissioner of Lands
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- ? 196 of 2001
- Procedural Posture
- Miscellaneous Application / Ruling on Notice of Motion for Judicial Review
- Outcome
- application allowed
- Legal Topics
- Judicial Review, Mandamus, Public Documents Access, Land Registry Access
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Khelef Khalifa
Applicant
Sheikh Ali Sheikh
Applicant
Sheikh Mohamed Dor
Applicant
Sheikh Juma Ngao
Applicant
Muni Mazrui
Applicant
Sheikh Mohamed Khalifa
Applicant
Commissioner of Lands
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Notice of Motion for Judicial Review
Legal Issues
- 1 Whether the applicants are entitled to access public documents held at the Lands Office.
- 2 Whether the Commissioner of Lands can lawfully refuse access to land registry documents to members of the public.
Ratio Decidendi
The court found that land documents held by the Lands Office are public documents, and the Land Registries are open to the public during working hours. There was no explanation from the respondent as to why the applicants were refused access. In the absence of any opposition or justification, the court was satisfied that the orders sought by the applicants were appropriate and granted the application for judicial review by way of mandamus, compelling the Commissioner of Lands to allow access to the requested documents.
Court Disposition
application allowed
Orders
- Orders of mandamus granted as prayed, compelling the Commissioner of Lands to allow access to the requested land documents.
- Costs of the application awarded to the applicants.
Full Case Text
Judgment text and source record
9 paragraphs
IN THE HIGH COURT OF KENYA AT MOMBASA MISCELLANEOUS CIVIL SUIT NO. 196 OF 2001 IN THE MATTER OF AN APPLICATION FOR JUDICIAL REVIEW FOR THE ISSUANCE OF THE WRITS OF MANDAMUS AND IN ACCORDANCE WITH ORDER LIII OF THE CIVIL PROCEDURE RULES AND SECTION 3A AND 63 OF THE CIVIL PROCEDURE ACT CAP. 21 LAWS OF KENYA REPUBLIC OF KENYA VERSUS THE COMMISSIONER OF LANDS………………………… RESPONDENTS AND
1. KHELEF KHALIFA 2. SHEIKH ALI SHEIKH 3. SHEIKH MOHAMED DOR 4. SHEIKH JUMA NGAO 5. MUNI MAZRUI 6. SHEIKH MOHAMED KHALIFA
RULING
The applicant seeks orders for Judicial Review by way of Notice of Motion dated 17. 12. 2000 supported by affidavit and statement as required by provisions of Order 53. CPC. Rules.
The application was served on the Commissioner of Lands. Hearing Notice was served and accepted on 20. 5.2002 for hearing on 4. 6.2002. No appearance has been made and no replying affidavit has been filed. Upon perusing the application the supporting affidavit and the statement l observe that the documents relating to land and kept in the Lands Office are public documents and should be made available to members of public at any time. The Land Registries of the Commissioner of Lands are open to members of public during working hours. There being no explanation as to why the applicants are refused access, I am satisfied that orders sought are appropriate.
The application is allowed and orders granted as prayed. Costs of this application shall be to the applicants.
Dated this 5th Day of July 2002.
J. KHAMINWA COMMISSIONER OF ASSIZE
Mr. Mungatana present