Republic v Land Registrar Kajiado Land Registry Ex parte Jackson Parsemei Ole Ntusero [2020] KEELC 2973 (KLR)
The bottom line
#Kenya's Kajiado Land Registrar was court-ordered to remove a deceased co-owner's name from a title and register the son as sole owner within 90 days.
What this practically means
#Executive summary
#Key legal issues
#Whether the Land Registrar was under a statutory duty under section 60 of the Land Registration Act to delete the name of the deceased joint proprietor and register the applicant as sole proprietor
Yes; the Registrar had a clear administrative role to delete the deceased mother's name and issue a new title, which he failed to perform
The court held that the applicant and his late mother were joint registered proprietors and that her death certificate was supplied. Section 60 of the Land Registration Act imposed a mandatory duty on the Registrar to delete a deceased joint tenant's name upon proof of death. Two unanswered demand letters were annexed and the Registrar, though served, filed no replying affidavit, so the averments stood uncontroverted and amounted to admission. The failure breached the Land Registration Act and the Fair Administrative Action Act.
Whether the Registrar's inaction violated the applicant's constitutional rights under Articles 27, 40 and 47 and the Fair Administrative Action Act
Yes; the failure to respond or act violated the applicant's rights and amounted to procedural impropriety
Relying on Article 47 and section 4 of the Fair Administrative Action Act, the court found the Registrar was obliged to act expeditiously, fairly and lawfully. His failure to respond to the applicant's correspondence and to controvert the averments was against the rules of natural justice, infringed Articles 27, 40 and 47, and constituted procedural impropriety, justifying mandamus.
Legal principles established
#- Section 60 of the Land Registration Act obliges the Registrar, upon proof of death of a joint proprietor, to delete the deceased's name from the register by registering the death certificate
- Mandamus compels performance of a public duty imposed by statute where the person or body bound has failed to perform it to the detriment of a party with a legal right to expect performance
Court orders
#- 1.An order of mandamus be and is hereby issued directing the Land Registrar Kajiado Land Registry to delete the name of Ntiomoye Ntusero Lengira (deceased) from the register and to register the Applicant Jackson Parsemei Ole Ntusero as the sole proprietor of Land Reference No. KJD/ KAPUTIEI NORTH/ 32975 within ninety (90) days from the date hereof
- 2.The Applicant is awarded the costs of the suit
- Jurisdiction invoked
- Articles 23, 27, 31, 40 and 47 of the Constitution; Order 53 Rules 1 & 3 of the Civil Procedure Rules; Fair Administrative Actions Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Republic v Land Registrar Kajiado Land Registry Ex parte Jackson Parsemei Ole Ntusero [2020] KEELC 2973 (KLR)", Case Analysis (2020). Judicial Review Misc. Application No. 108 of 2019. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2020/2973/eng@2020-05-05
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.