Susan Sambai Choge & 4 others v Land Registrar & another [2016] KEELC 1003 (KLR)
The bottom line
#A Kenyan court removed land restrictions because the Registrar imposed them without first hearing the affected owners.
What this practically means
#Executive summary
#Key legal issues
#Whether the Registrar could lawfully place restrictions without first hearing the interested parties
The restrictions were tainted with procedural impropriety and illegal because they were imposed without a prior hearing, contrary to section 136 of the Registered Land Act (repealed)
Section 136 of the Registered Land Act required the Registrar, before making a restriction, to direct inquiries, serve notices and hear interested persons. The court held that the right to be heard is cardinal and it is not proper in law to make a decision first and hear parties thereafter. Section 76(1) of the Land Registration Act, 2012, the replica provision, confirms that hearing precedes the decision. The Registrar's decision was therefore illegal for procedural impropriety.
Whether the restrictions should be removed and declared unlawful
The plaintiffs' suit succeeded; the restrictions were declared oppressive, unjustified and unlawful and were removed
Having found the restrictions illegal for want of a hearing, the court granted the declaration sought by the plaintiffs and ordered removal of the restrictions on all eight parcels of land. The plaintiffs had been denied the opportunity to use their land as security for loans, and the defence could not justify the restrictions in law despite complaints by Jackson Kibor and subsequent investigations.
Legal principles established
#- A decision placing a restriction on registered land must be made only after hearing all interested parties; a decision made before the hearing is procedurally improper and illegal
Court orders
#- 1.A declaration that the restrictions imposed on the plaintiffs' parcels of land are oppressive, unjustified and unlawful
- 2.The restrictions are removed
- Jurisdiction invoked
- Original civil jurisdiction over land disputes (declaration and orders regarding restrictions on registered land); no specific constitutional/statutory provision cited
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Susan Sambai Choge & 4 others v Land Registrar & another [2016] KEELC 1003 (KLR)", Case Analysis (2016). Not stated in the judgment as provided. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2016/1003/eng@2016-04-15
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.