Hezekiah Omondi Adala v Chief Land Registrar [2021] KEELC 3054 (KLR)
The bottom line
#Kenya's Land Registrar cannot restrict your title without first hearing you, and doing so earns the government a damages bill.
What this practically means
#Executive summary
#Key legal issues
#Whether the placement of a restriction on the Petitioner's title without notice or a hearing violated fair administrative action and the Petitioner's rights
Yes - the restriction was placed without notifying or hearing the Petitioner, was procedurally improper, oppressive, unjustified and unlawful, and the backdating of the entry to 29th May 2016 was meant to mislead and frustrate the Petitioner
It was not denied that the Petitioner was not notified or heard before the restriction was placed. Section 76 of the Land Registration Act envisages hearing interested persons before placing a restriction. The Respondent acted on a letter from Coast Water Works Development Agency, yet the title entry was backdated to 2016 although the original title was with the banks throughout, with no explanation, showing the Respondent took a route meant to mislead.
Whether the Petitioner was entitled to damages
General damages awarded for violation of the right to fair administrative action, quantified at Kshs.1,000,000; exemplary damages and the claimed Kshs.2,500,000 not awarded
The court accepted the Petitioner's right to legitimate expectation based on long enjoyment and prior clean searches, but noted the value of the tender project was not given to guide damages. General damages for violation of the right to fair administrative action were nonetheless appropriate and fixed at Kshs.1,000,000.
Legal principles established
#- A person interested in land must be heard before the Registrar places a restriction on the title; a restriction imposed without notice and hearing is procedurally improper and illegal
- Administrative actions likely to deprive individuals of fundamental rights must be carried out through due process and in respect to the rules of natural justice
Court orders
#- 1.A declaration that the restriction imposed on Land Reference Number 10121/1/MN is oppressive, unjustified and unlawful and the same is removed
- 2.A prohibitory order prohibiting the Respondent from taking any adverse action and/or interfering in any way whatsoever with the Petitioner's ownership, occupation, enjoyment and exercise of his legal rights over the said parcel of land without due process of law
- 3.General damages of Kshs.1,000,000.00
- 4.Costs of the petition to the Petitioner against the Respondent
- Jurisdiction invoked
- Articles 40, 47, 48 of the Constitution; Sections 76 and 77 of the Land Registration Act; Fair Administrative Action Act
Key timeline
#Practical implications
#Frequently asked questions
#Later judgments citing this (1)
#Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.
- Grove Development Limited v County Government of Kwale & 3 others (Environment & Land Petition 008 of 2023) [2024] KEELC 4091 (KLR)[2024] KEELC 4091 (KLR)21 May 2024
Cite this brief
#Cite this brief
Caselaw, "Hezekiah Omondi Adala v Chief Land Registrar [2021] KEELC 3054 (KLR)", Case Analysis (2021). Petition dated 13th October, 2020. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2021/3054/eng@2021-05-24
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.