Republic of Kenya v Chief Land Registrar Exparte Cimarron Investments Limited [2017] [2017] KEELC 52 (KLR)
The bottom line
#The High Court in Mombasa ordered Kenya's Chief Land Registrar to cancel a forged Diani Beach land title, confirming that fraudulent certificates can be wiped from the register.
What this practically means
#Executive summary
#Key legal issues
#Whether mandamus should issue to compel the Chief Land Registrar to cancel a fraudulently issued certificate of lease
Yes. The application was unopposed and supported by correspondence from the Chief Land Registrar himself declaring the title a forgery, satisfying the court that the reliefs were deserved.
The ex-parte applicant held a genuine title over the same parcel; the Chief Land Registrar's own letters of 5/10/2011 and 16/12/2011 stated that Kwale/Diani Beach/108 was a forgery that ought to be expunged from the land records. The necessary parties were served by newspaper advertisement and filed nothing in response, and the Attorney General filed no responses and failed to attend court. Section 143 of the Registered Land Act permits rectification where registration was obtained by fraud or mistake.
Legal principles established
#- Where a registered proprietor's root of title is under challenge, the proprietor must prove the legality of the acquisition beyond the instrument of title.
- Section 143 of the Registered Land Act permits rectification of the register where a registration has been obtained by fraud or mistake.
Court orders
#- 1.An order of Mandamus directed to the Chief Land Registrar to cancel the register and recall the certificate of lease in respect of Kwale/Diani Beach/108 issued under the Registered Land Act on 13/1/2010 and any certificate of title issued subsequent to that date
- 2.An order prohibiting the Chief Land Registrar from endorsing in the register any transfer in respect of Kwale/Diani Beach/108 from Mwakuzimu, Salimu Said, Rachitu and Wycliffe Gagai Mandaga to any other person or third parties
- 3.Costs of the application to be in the cause
- Jurisdiction invoked
- Order 53 Rule 3 of the Civil Procedure Rules 2010 (judicial review)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Republic of Kenya v Chief Land Registrar Exparte Cimarron Investments Limited [2017] [2017] KEELC 52 (KLR)", Case Analysis (2017). Notice of Motion dated 2nd November 2011 (Judicial Review). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2017/52/eng@2017-10-24
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.