[2013] KEHC 6495 (KLR)

[2013] KEHC 6495 (KLR)

The court, having already declared the petitioner as the absolute and legal proprietor of KAJIADO/KISAJU/504 and all its subdivisions, found it necessary to direct the Land Registrar to cancel all titles held by or in the name of the 5th respondent, specifically KAJIADO/KISAJU/4733 and KAJIADO/KISAJU/4734. This was...

Source-derived case information.

Citation
[2013] KEHC 6495 (KLR)
Parties
Petitioner: Sarah Nasel Leteipan; Respondent: The Hon Attorney General; Respondent: Kajiado Land Disputes Tribunal; Respondent: Senior Resident Magistrate’s Court Kajiado; Respondent: District Land Registrar Kajiado District; Respondent: Tayiai Mutamperria
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Case Number
Petition 105 of 2010
Procedural Posture
Constitutional Petition / Ruling on Post Judgment Orders
Outcome
Orders granted to give effect to judgment; titles in the name of the 5th respondent cancelled.
Judges
DAS Majanja
Legal Topics
Land Ownership, Title Cancellation, Property Rights
Source Language
en
Land and Property Constitutional Law Land Ownership Title Cancellation Property Rights

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Summary, issues, holding and outcome

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Parties

Sarah Nasel Leteipan

Petitioner

The Hon Attorney General

Respondent

Kajiado Land Disputes Tribunal

Respondent

Senior Resident Magistrate’s Court Kajiado

Respondent

District Land Registrar Kajiado District

Respondent

Tayiai Mutamperria

Respondent

Procedural Posture

Constitutional Petition / Ruling on Post Judgment Orders

Legal Issues

  1. 1 Whether the petitioner is the absolute and legal proprietor of KAJIADO/KISAJU/504 and its subdivisions.
  2. 2 Whether previous entries and titles in favour of the 5th respondent should be cancelled to give effect to the court's declaration.

Ratio Decidendi

The court, having already declared the petitioner as the absolute and legal proprietor of KAJIADO/KISAJU/504 and all its subdivisions, found it necessary to direct the Land Registrar to cancel all titles held by or in the name of the 5th respondent, specifically KAJIADO/KISAJU/4733 and KAJIADO/KISAJU/4734. This was to ensure that the land register accurately reflects the court's declaration of ownership and to give full effect to the judgment. The court exercised its authority to enforce its orders and ensure that the petitioner’s proprietary rights are protected and recognized in law and in the land registry. No order as to costs was made, reflecting the court’s view that the matter was...

Court Disposition

Orders granted to give effect to judgment; titles in the name of the 5th respondent cancelled.

Orders

  • The Land Registrar, Kajiado is directed to cancel all titles held by or in the name of Tayiai Mutamperria, specifically KAJIADO/KISAJU/4733 and KAJIADO/KISAJU/4734.
  • No order as to costs.