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Application for rectification of Title before Registrar of Titles is execution of the High Court decree; applicant has complied with requirements for stay of execution including notice of intended execution, showing substantial loss, and furnishing security. Stay is granted pending appeal.
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The applicant demonstrated the existence of a serious triable issue regarding ownership and the right to be heard before deprivation of property. The court found that the balance of convenience favored the applicant, as rectification of the title could jeopardize its position without a hearing. The court held that the right to be heard and maintenance of the status quo pending the expiration of the statutory notice outweighed arguments about monetary compensation or ongoing investigations. The conditions for a Mareva injunction were met.
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The applicant satisfied all three legal conditions for grant of leave to apply for judicial review: he demonstrated an arguable case, filed the application within the prescribed time, and showed sufficient interest as the affected owner of the property.
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The dispute was resolved by a deed of settlement in which the 1st defendant agreed to pay compensation and the plaintiff relinquished his claim to the disputed land, with both parties bound by the settlement terms as the final judgment and decree of the court.
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The High Court dismissed a land suit over Plot 45 Block M, Pasiansi, holding it lacked jurisdiction because of a pending notice of appeal and that the claim was res judicata.
The applicants demonstrated a serious question to be tried regarding the rectification of titles, and would suffer greater and irreparable loss if the status quo was not maintained. The balance of inconvenience favored the applicants, as they risked losing ownership of the suit land, while the respondents, being government institutions, would not suffer comparable harm.
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The High Court granted a temporary injunction to preserve status quo over a land title rectification dispute pending expiry of statutory notice.
The 1st defendant was not legally appointed as administratrix of the estate of Samwel Masatu and thus had no authority to transfer the property; all subsequent transactions, including the sale to the 2nd defendant and the mortgage to the 3rd defendant, were illegal and void; the Registrar of Titles must rectify the records to restore the deceased's name and discharge the mortgage.
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The plaintiff is the lawful owner of the suit premises as the alleged sale to the 1st and 2nd defendants was not proved by a written agreement as required by law, rendering all subsequent transfers null and void. The 3rd defendant is not an innocent purchaser as due diligence would have revealed the dispute and caveat. No fraud was proved in the transfer process, but the transfers were illegal for lack of valid title.
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