Republic v Director of Surveys & 2 others [2018] KEELC 2646 (KLR)
The bottom line
#A Nyeri court let land officials correct a survey error, but barred them from breaking the law or violating the owner's rights.
What this practically means
#Executive summary
#Key legal issues
#Whether the ex parte applicant was entitled to orders of prohibition restraining the respondents from carrying out correctional or amended survey and registration not conforming to PDP No. 109 of 1982
The application succeeded only partially; prohibition issued only against violation of the law and the applicant's rights in the exercise of the respondents' mandates, not against the correction exercise itself
The court found the dispute arose from the applicant's apprehension that correction of an error in the survey creating her title could cause loss of her interest. However, there was no evidence of improper exercise of the respondents' mandate, and the court could not dictate how the respondents should carry out the correction without interfering with their statutory mandate. Prohibition, per the Gathenji authority, prevents decisions in excess of jurisdiction rather than directing merits.
Legal principles established
#- Prohibition lies against an inferior tribunal or body acting in excess of jurisdiction or in contravention of the law, but not to correct procedure or a wrong decision on the merits, and it cannot undo a decision already made
- Public bodies' decisions are liable to be quashed in judicial review where no body properly directing itself on the relevant law and acting reasonably could have reached the decision (Wednesbury principle)
- Where the survey mandate is being exercised lawfully, the court will only prohibit violation of the law and of the applicant's rights rather than dictate the manner of execution of the mandate
Court orders
#- 1.An order of prohibition directed at the respondents prohibiting them from violating the law concerning correcting of errors in title to land and from violating the ex parte applicant's rights to the suit property while exercising their respective mandates
- Jurisdiction invoked
- Leave granted on 16th October 2017 to apply for an order of prohibition (judicial review under the Law Reform Act / Civil Procedure Rules)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Republic v Director of Surveys & 2 others [2018] KEELC 2646 (KLR)", Case Analysis (2018). Judicial Review Application (Notice of Motion dated 2nd November 2017). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2018/2646/eng@2018-07-04
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.