Skip to content
AI-generated case briefs sourced from Kenya Law · Not legal advice
Caselaw
AI-generated case brief
Case Brief · caselaw.co.ke
ELCAllowedKajiado Judicial Review (Miscellaneous Application) - Amended Chamber Summons dated 11th June, 2018· [2020] KEELC 1140 (KLR)

Rampai Ole Saidimu v District Land Registrar & 4 others Ex parte Rampai Ole Saidimu [2020] KEELC 1140 (KLR)

High Court of Kenya
5 October 2020
COChristine Ochieng
991 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~4 min to read original · ~4 min brief

The bottom line

#

The High Court allowed a landowner to sue the Land Registrar for refusing to fix boundary beacons his own office had already determined years earlier.

What this practically means

#

Executive summary

#
This was an unopposed ex parte application by way of Amended Chamber Summons dated 11th June 2018 in which Rampai Ole Saidimu, the registered proprietor of land parcel Kajiado/Purko/452, sought leave to apply for orders of mandamus and prohibition, with leave to operate as a stay pending the substantive motion. The dispute concerned a protracted boundary controversy between the Applicant and the 2nd, 4th and 5th Respondents over the boundary with parcel Kajiado/Purko/453. The District Land Surveyor surveyed the land in 2004 and a further site visit in September 2016 produced a comprehensive report dated 4th October 2016. The 1st Respondent, the Land Registrar, issued a comprehensive report dated 17th January 2017 making a final determination of the boundary and directing the parties to respect it, indicating that at the expiry of 30 days he would, together with the District Surveyor, fix the two beacons as determined if no objection was filed. The Applicant complained that despite numerous requests, the Registrar, a public official, had refused or ignored his duty to act on the determination, and that over three years had passed with no indication of any objection having been lodged. Justice Christine Ochieng framed the sole issue as whether the Applicant was entitled to leave to commence judicial review proceedings. Applying the test in Republic v County Council of Kwale ex parte Kondo (Waki, J), that leave is granted where there is an arguable case fit for further investigation without an in-depth examination, the court granted leave to commence judicial review of mandamus and prohibition within 21 days, and ordered that the leave operate as a stay pending the hearing and determination of the substantive motion. The judgment was delivered in open court at Kajiado on 5th October 2020. No costs order is recorded.

Key legal issues

#
01

Whether the Ex parte Applicant is entitled to leave to commence judicial review proceedings of mandamus and prohibition

Holding

Leave granted; the Applicant demonstrated an arguable case that the Land Registrar, a public official, has failed to perform his public duty of fixing the boundary beacons as determined in the reports of 2004, 2016 and 17th January 2017.

Reasoning

The court applied the Waki, J test that leave screens out frivolous or vexatious applications and is granted where there is an arguable case fit for further investigation. The Principal Land Registrar's report of 17th January 2017 indicated he would, with the District Surveyor, fix the beacons as determined at the expiry of 30 days if no objection was filed. Over three years had elapsed with no indication of any objection, and the Registrar had failed to act despite several requests. The court therefore exercised its discretion to grant leave, which was to operate as a stay.

p. 2

Legal principles established

#
  • Leave for judicial review is granted where, without going into the matter in depth, there is an arguable case fit for further investigation at a full inter partes hearing.

Court orders

#
  1. 1.Leave granted to the Ex parte Applicant to commence judicial review proceedings of Mandamus and Prohibition within 21 days from the date of the order
  2. 2.The said leave to operate as a stay pending the hearing and determination of the substantive motion

Authorities

#

Cases cited (1)

  • Republic vs. County Council of Kwale & Another Ex Parte Kondo & 57 Others
    Mombasa HCMCA No. 384 of 1996
Jurisdiction invoked
Judicial review leave jurisdiction (order of mandamus and prohibition)

Key timeline

#

Practical implications

#

Frequently asked questions

#

Cite this brief

#

Cite this brief

Caselaw, "Rampai Ole Saidimu v District Land Registrar & 4 others Ex parte Rampai Ole Saidimu [2020] KEELC 1140 (KLR)", Case Analysis (2020). Kajiado Judicial Review (Miscellaneous Application) - Amended Chamber Summons dated 11th June, 2018. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2020/1140/eng@2020-10-05

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