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ELCAllowednot stated in judgment (motion filed 9 June 2016)· [2017] KEELC 3508 (KLR)

Mayone Matunke David v District Land Registrar Narok North [2017] KEELC 3508 (KLR)

Environment & Land Court
16 February 2017
MSMunyao Sila
709 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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A Kenyan court cancelled a land registry restriction because the Land Registrar offered no evidence to justify it, affirming that registered owners can challenge unsupported blocks on title.

What this practically means

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Executive summary

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The applicant, registered proprietor of land parcel Narok/Cis-Mara/Maji Moto/2076 measuring 21.6 hectares, moved the court by a motion filed on 9 June 2016 seeking removal of a restriction placed on the register by the respondent, the District Land Registrar, on 19 April 2016. He deponed that he held the land as trustee for some 314 members of Maji Moto Group Ranch and 12 public utility plots, had obtained Land Control Board consent to subdivide it into 326 plots, had secured change of user advertised in the Standard Newspaper, had plans approved by the Narok County Government Physical Planning Officer, and had been issued a certificate of compliance. He averred he was neither notified nor heard before the restriction was entered, and that beneficiaries were agitating for their titles. The respondent filed no response; a State Counsel's request for adjournment at the hearing was declined. The court noted the title did not recite any trust but the applicant conceded he held the land as trustee and was keen to distribute it to beneficiaries. The restriction stated there should be 'no dealings until the issue of irregular allocation is sorted out,' but the respondent produced no material justifying it, and the assertion of public interest was unsupported. Holding that no evidence of irregular allocation existed before it, and that any lawful correction was a matter for the Registrar, the court cancelled the restriction and awarded costs to the applicant, delivering judgment at Nakuru on 16 February 2017.

Key legal issues

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01

Justification for the restriction

Holding

The restriction claiming irregular allocation was unsupported by any evidence; the applicant held title and no material justified the restriction.

Reasoning

The respondent filed no response to the application despite ample time, and the adjournment sought was declined. State Counsel asserted the restriction safeguarded public interest, but the court had no material explaining the alleged public interest or irregular allocation. The applicant held registered title and had followed subdivision and change-of-user procedures. If allocation were truly irregular, the Registrar could pursue lawful corrective action.

p. 2

Legal principles established

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  • A restriction on a land register must be justified by material before the court; absent any response or evidence justifying it, it will be cancelled.

Court orders

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  1. 1.An order cancelling the restriction entered by the respondent on 19 April 2016 in the register of the land parcel CIS Mara/Maji Moto/2076
  2. 2.Costs of the application awarded to the applicant
Jurisdiction invoked
Original jurisdiction of the Environment and Land Court under the Land Registration Act and the Environment and Land Court Act (not expressly cited in the judgment)

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Mayone Matunke David v District Land Registrar Narok North [2017] KEELC 3508 (KLR)", Case Analysis (2017). not stated in judgment (motion filed 9 June 2016). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2017/3508/eng@2017-02-16

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