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ELCAllowedE.L.C. J.R. No. 6 of 2017 (formerly J.R. No. 115/2017)· [2018] KEELC 3130 (KLR)

Republic v District Land Registrar, Nairobi & another Ex-Parte Kirichwa Rest-Rooms Limited [2018] KEELC 3130 (KLR)

Environment and Land Court
30 May 2018
611 words in judgment
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The bottom line

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A Kenyan court ordered the land registrar to reinstate a company's title, ruling that a judgment cancelling a title-revocation notice helps everyone affected, not just those who sued.

What this practically means

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Executive summary

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The Ex-parte Applicant, Kirichwa Rest-Rooms Limited, moved the Environment and Land Court at Nairobi by Notice of Motion dated 17/3/2017 seeking an order of mandamus compelling the District Land Registrar, Nairobi to reinstate its title over L.R. No. 209/13337 (I.R. No. 100410) and to revoke entry no. 2 in the certificate of title. The Applicant discovered on a search in January 2017 that its title had been revoked by Gazette Notice No. 3460 of 1/4/2010 without notice to it. It argued that the decision of Majanja J. in Milimani High Court Petition No. 178 of 2011 quashing that gazette notice benefited all persons affected by it, and that the Registrar's subsequent Gazette Notice No. 915 of 3/7/2012 (as amended) was selectively applied only to the 19 consolidated petitions in that matter. Relying on Odunga J's decision in Sky Africa Holdings Limited, which held that the quashing orders were not restricted to the parties before Majanja J, the court agreed that the Applicant was among those benefited. The court found the application meritorious and allowed it as prayed, issuing the mandamus sought and awarding costs to the Ex-parte Applicant. The Respondents made no appearance. Judgment was delivered by K. Bor, Judge, on 30 May 2018.

Key legal issues

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01

Whether an order quashing a gazette notice cancelling titles extends beyond the parties before the court

Holding

Yes - the quashing order benefits all persons affected by the gazette notice, including the Applicant.

Reasoning

The court relied on Odunga J's decision in Sky Africa Holdings Ltd, holding that Majanja J's quashing of Gazette Notices was not restricted to the parties before him but applied to all persons affected. Since Gazette Notice No. 3460 of 1/4/2010 revoked the Applicant's title and was among the notices quashed, the Applicant was entitled to the benefit of that judgment and the subsequent gazette notice No. 915 of 3/7/2012 ought to have been applied to its parcel.

p. 2
02

Whether the Applicant was entitled to mandamus to compel reinstatement of its title

Holding

Yes - the application has merit and mandamus was granted as prayed.

Reasoning

The Applicant demonstrated that its title was revoked by Gazette Notice No. 3460 of 1/4/2010, which had been quashed, that it never received notice of the intended cancellation, and that the Respondent selectively applied the restoration gazette notice only to the 19 consolidated petitions. The court found the application merited and granted mandamus as prayed with costs.

p. 2

Legal principles established

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  • A court order quashing a gazette notice revoking titles benefits all persons affected by that gazette notice, not only the parties who were before the court.

Court orders

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  1. 1.Judicial review order of mandamus as prayed in the Notice of Motion dated 17/3/2017, commanding the District Land Registrar to reinstate the Ex-parte Applicant's title and revoke entry no. 2 in the certificate of title
  2. 2.Costs of the application to the Ex-parte Applicant

Authorities

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Legislation

  • Constitution of KenyaArticle 40

Cases cited (1)

  • Sky Africa Holdings Limited v Registrar of Titles & Attorney General, Ex parte Sky Africa Holdings Limited
    [2016] eKLR
Jurisdiction invoked
Judicial review jurisdiction under Order 53 of the Civil Procedure Rules re mandamus; protection of right to property under Article 40 of the Constitution

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, "Republic v District Land Registrar, Nairobi & another Ex-Parte Kirichwa Rest-Rooms Limited [2018] KEELC 3130 (KLR)", Case Analysis (2018). E.L.C. J.R. No. 6 of 2017 (formerly J.R. No. 115/2017). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2018/3130/eng@2018-05-30

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