Skip to content
AI-generated case briefs sourced from Kenya Law · Not legal advice
Caselaw
AI-generated case brief
Case Brief · caselaw.co.ke
ELCPartially AllowedNot stated in judgment (Notice of Motion dated 14/2/2017)· [2017] KEELC 1978 (KLR)

Republic v Kwale Lands Registrar & 2 others [2017] KEELC 1978 (KLR)

High Court of Kenya
19 July 2017
LKL. Komingoi
343 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~1 min to read original · ~4 min brief

The bottom line

#

Kenya's High Court ordered the Registrar of Lands Kwale to issue certified land records within 21 days after refusing an owner's search request.

What this practically means

#

Executive summary

#
This was an unopposed judicial review motion dated 14th February 2017, brought under Order 53 rule 3 of the Civil Procedure Rules 2010, seeking an order of mandamus to compel the Registrar of Lands Kwale to furnish the Applicant, John Wahinya Karuga, with certified copies of the register and an official search in respect of parcel number Mombasa/Pangu Fuel area/11 within two days, plus costs. The Applicant supported the motion with an affidavit sworn on 8th February 2017, contending that he was the registered proprietor of the parcel pursuant to a title deed issued on 28th January 1993, that unknown persons had invaded the property and demolished a perimeter wall he had erected, and that the Registrar had refused and remained adamant in refusing to furnish the requested certified copies. The application was duly served on the Respondents but they filed no response, and the court found it unopposed. Delivering the decision on 19th July 2017, L. Komingoi J held that the Applicant had made out a good case warranting the orders sought and granted the mandamus, but varied the compliance period from the two days sought to twenty-one days from the date of the order. The court declined to award costs, making no orders as to costs. The decision was delivered in open court in the absence of the parties, who were duly informed.

Key legal issues

#
01

Entitlement to mandamus against the Registrar of Lands

Holding

Mandamus issued to compel the Registrar to furnish certified copies of the register and official search, the application being unopposed and the Applicant having made out a good case

Reasoning

The Applicant asserted he was the registered proprietor of the suit parcel pursuant to a title deed issued on 28th January 1993, that unknown persons had invaded the property and demolished a perimeter wall, and that the Registrar of Lands Kwale had refused and remained adamant in refusing to furnish certified copies of the register and search. The application was duly served but the Respondents filed no response, so it was unopposed. On those facts the court found merit and granted the mandamus, allowing twenty-one days for compliance.

p. 2

Legal principles established

#
  • Where a registrant shows that the Registrar of Lands has refused or remained adamant in refusing to furnish certified copies of the register and official search, the Applicant makes out a good case for an order of mandamus compelling the Registrar to furnish them

Court orders

#
  1. 1.An order of mandamus compelling the 1st Respondent to furnish the Applicant with certified copies of the register and official search in respect of land parcel number Mombasa/Panga fuel area/11 within twenty one (21) days from the date of the order
  2. 2.No orders as to costs

Authorities

#

Legislation

  • Civil Procedure Rules, 2010Order 53 rule 3
Jurisdiction invoked
Order 53 rule 3 of the Civil Procedure Rules 2010 and all other enabling provisions of the law (judicial review)

Key timeline

#

Practical implications

#

Frequently asked questions

#

Cite this brief

#

Cite this brief

Caselaw, "Republic v Kwale Lands Registrar & 2 others [2017] KEELC 1978 (KLR)", Case Analysis (2017). Not stated in judgment (Notice of Motion dated 14/2/2017). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2017/1978/eng@2017-07-19

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.