Republic v National Land Commisison & 2 others Ex parte Gatitu Building Company Limited [2021] KEELC 3988 (KLR)
The bottom line
#The High Court ordered land officials to issue a title deed to a Nairobi property owner who had occupied the land for over 30 years without one.
What this practically means
#Executive summary
#Key legal issues
#Whether mandamus lies to compel issuance of a land title where the mother title's lease term has lapsed
The court found merit in the unopposed application and issued mandamus compelling the 2nd and 3rd respondents to issue the title
The applicant was the proprietor of LR No 209/8363/41 by virtue of an agreement for sale dated 8th October 1997 and a deed plan issued by the lands office on 30th June 1983. It had been in possession for over thirty years and had put up multiple residential dwelling units and runs a hotel on the property. The mother title LR No 209/8363 was a 36-year-and-6-months lease issued in 1974 which lapsed, and the original proprietors are all deceased so no one could apply for extension. The applicant had been denied fair administrative action and the right to property. The respondents, though served, did not oppose. The court found merit and granted mandamus.
Legal principles established
#- An unopposed judicial review application, if it discloses merit, justifies the grant of the orders sought
Court orders
#- 1.An order of mandamus issued compelling the 2nd and 3rd respondents to issue the applicant with a title in respect to the property known as LR NO 209/8363/41 situated within Nairobi County
- 2.Costs of the application to be borne by the applicant
- Jurisdiction invoked
- Order 53 rules 1(1), 1(2) and 1(4) of the Civil Procedure Rules, 2010; Sections 1A, 1B and 3A of the Civil Procedure Act; Article 159(2) of the Constitution
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Republic v National Land Commisison & 2 others Ex parte Gatitu Building Company Limited [2021] KEELC 3988 (KLR)", Case Analysis (2021). Judicial Review Chamber Summons dated 19th June 2019 (Amended 30th January 2020). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2021/3988/eng@2021-03-18
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.