Omar Tahir Sheikh Said v Registrar of Titles & 3 others [2018] KEELC 1306 (KLR)
The bottom line
#A Kenyan court confirmed that the Registrar of Titles cannot revoke your land title by Gazette Notice, but ownership must still be settled in the pending fraud case.
What this practically means
#Executive summary
#Key legal issues
#Whether the Registrar of Titles could revoke a certificate of title by Gazette Notice
The Registrar had no such authority under the repealed Registration of Titles Act; the revocation via Gazette Notice No.15570 was null and void and breached Articles 40 and 47(1) of the Constitution
Applying established decisions including Satima Enterprises Ltd v Registrar of Titles, the court noted that a certificate of title issued under the Registration of Titles Act is conclusive evidence of ownership, and revocation is not a power conferred on the Registrar. The revocation was done without hearing the petitioner, constituting arbitrary deprivation of property and unfair administrative action, and was an attempt to undercut pending proceedings in HCCC No.177 of 2009.
Whether pending fraud litigation in HCCC No.177 of 2009 precludes other relief to the petitioner
The issues of fraud raised in the petition are the same as those in the pending suit and will be dealt with by the court hearing that suit; hence the petitioner was restrained from dealing with the property pending that suit's determination
The court found it undisputed that the petitioner was the registered proprietor, but noted that a case was pending between the parties over the same property in which identical fraud allegations had been raised. Following Satima Enterprises, the court held the Gazette Notice was an attempt to undercut those proceedings. The petitioner's substantive title and ownership claims therefore remain for determination in that suit.
Legal principles established
#- The Registrar of Titles has no authority under the Registration of Titles Act (repealed) to revoke a title by way of a Gazette Notice; such revocation breaches Article 40 of the Constitution and is done without a hearing
Court orders
#- 1.A declaration that Gazette Notice No.15570 dated 26th November 2010 in so far as it purports to revoke the Petitioner's Title No. LR MN/1/2411, Mombasa is null and void
- 2.The petitioner is restrained from selling, dealing or transferring the said property pending the hearing and determination of Mombasa ELC No.177 of 2009
- 3.The petitioner shall have costs jointly and/or severally against the Respondents and the interested parties
- Jurisdiction invoked
- Constitutional petition under Articles 40, 47(1) and 50(1) of the Constitution (original jurisdiction; specific provision not stated in the judgment)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Omar Tahir Sheikh Said v Registrar of Titles & 3 others [2018] KEELC 1306 (KLR)", Case Analysis (2018). Petition No 22 of 2012. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2018/1306/eng@2018-10-17
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.