Republic v District Land Registrar, Nyamira Exparte Joseph Oyieko Obaga; Christopher Nyangau Obaga & another (Interested Parties) [2020] KEELC 2801 (KLR)
The bottom line
#The High Court dismissed a landowner's challenge to revoked titles because it was filed more than two years late, well past the six-month deadline.
What this practically means
#Executive summary
#Key legal issues
#Time limitation for applications for certiorari
The application was filed more than six months after the Registrar's decision of 8th February 2016 and, leave notwithstanding, was out of time and incompetent.
Order 53 Rule 2 of the Civil Procedure Rules and section 9(2) of the Law Reform Act require that an application for certiorari be made not later than six months after the impugned decision. The decision under challenge was made in February 2016 while the motion was filed in November 2018, over two years later, without extension of time. Relying on the authorities cited by the interested party, the court held the delay was fatal and granted leave could be questioned at the substantive stage.
Whether the suit offends section 45 of the Law of Succession Act
The court found it unnecessary to determine this issue definitively but noted the ex-parte Applicant appeared to be intermeddling with the estate of the deceased registered proprietor.
The interested party argued that the suit property was registered in the name of Clement Obaga Moseti, deceased, father of both the applicant and the interested party, and that no grant of representation had been obtained. Challenging the revocation of title to estate property without a grant amounted to intermeddling contrary to section 45 of the Law of Succession Act, depriving the applicant of locus.
Legal principles established
#- An application for judicial review must be filed within six months of the decision challenged, and an application filed out of time without leave is incompetent and may be challenged at the substantive hearing.
Court orders
#- 1.The judicial review application is dismissed with costs to the interested parties.
- Jurisdiction invoked
- Order 53 Rule 3 of the Civil Procedure Rules, 2010 (judicial review jurisdiction of the High Court under the Law Reform Act)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Republic v District Land Registrar, Nyamira Exparte Joseph Oyieko Obaga; Christopher Nyangau Obaga & another (Interested Parties) [2020] KEELC 2801 (KLR)", Case Analysis (2020). Judicial Review (Notice of Motion dated 7th November 2018). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2020/2801/eng@2020-04-23
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.