Salim Bakari v Attorney General & 3 others [2017] KEELC 3408 (KLR)
The bottom line
#The High Court in Malindi froze all dealings over Vipingo Plot 169 and plots carved from it, protecting a family's 1972 ownership ruling.
What this practically means
#Executive summary
#Key legal issues
#Effect of the Recorder of Titles' decision under the Land Titles Act
The decision is final and conclusive proof of ownership
The court found that the Recorder of Titles had, by judgment dated 20/6/1972, decreed certificates of ownership for the suit plots to the heir of Idi Bin Mohamed, and that under the Land Titles Act such decision is final and conclusive. The respondents' failure to translate that decision and the 2010 mandamus into titles justified conservatory relief.
Whether conservatory orders should issue
Yes, in terms of prayers 2(a) and 3(a), on the balance of probability
The court was satisfied that the petition stood a great chance of success given the respondents' consistent failure to perform their statutory duty under the 1972 Recorder of Titles decision and the 2010 orders in Misc. Civil Application No. 450 of 2009, and that further dealings on the plots were apprehended.
Objection by sons of the deceased 4th Interested Party
Rejected; no valid objection
The issue of the 4th Interested Party's death had been on record since June 2010; the deponents had notice of the case and orders for seven years without seeking letters of administration; and the petitioner had abandoned the prayers touching Plot 176 which would affect the deceased's interests.
Legal principles established
#- A court order remains binding regardless of the death of the party in whose favour or against whom it was made
- A party who has had notice of proceedings and orders for years cannot delay them by invoking want of letters of administration
Court orders
#- 1.Conservatory/interim order staying any further entries, transfers, subdivisions, issuance of titles by the respondents and any further dealings or dispositions by the respondents, interested parties or any other person in respect of Kilifi/Vipingo/169 and/or Vipingo Settlement Scheme Plot No. 169, Kilifi/Vipingo/498, 499, 500 and any other plot tracing its origin therefrom, pending hearing and determination of the application
- 2.Conservatory/interim order staying any further entries, transfers, subdivisions, issuance of titles and dealings or dispositions in respect of the same plots pending hearing and determination of the petition
- 3.Costs of the application to the Petitioner
- Jurisdiction invoked
- Article 159 of the Constitution; Rule 23 of the Constitution of Kenya (Protection of Rights and Fundamental Freedoms) Practice and Procedure Rules 2013; Sections 1A, 1B, 3A and 63 of the Civil Procedure Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Salim Bakari v Attorney General & 3 others [2017] KEELC 3408 (KLR)", Case Analysis (2017). Notice of Motion dated 21/3/2016 in a Petition (Malindi High Court). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2017/3408/eng@2017-03-17
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.