Karemeri & 11 others v Devji & another
The bottom line
#A Kenyan court ordered the Land Registrar to register a land title without the original lease certificate, but buyers must still complete the standard registration steps first.
What this practically means
#Executive summary
#Key legal issues
#Whether the court can direct the Land Registrar to dispense with production of the original certificate of lease
Yes, in the interest of justice the court ordered dispensation, even though the proper first step is a written request to the Land Registrar and recourse to court only on refusal
The court acknowledged authority that the application for dispensation should first be made to the Land Registrar, with court intervention under Section 86(1) of the Land Registration Act only where the Registrar unreasonably refuses. However, noting the applicants' plight and that public offices exist to serve the public, the court in the interest of justice dispensed with the production requirement itself while effecting registration of the decree.
Whether the Land Registrar had failed to comply with the decree due to non-production of the original title
The court found no evidence that the Land Registrar appeared in court as alleged or that non-compliance was due to failure to produce the original certificate
A perusal of the record showed the contempt application was still pending and the court record did not support the plaintiffs' allegation that the Registrar had appeared and explained non-compliance by reference to missing original certificates. Nonetheless the court proceeded to grant dispensation in the interest of justice.
Legal principles established
#- Under Section 31 of the Land Registration Act, a Registrar may dispense with production of a certificate of title or lease on registration of a dealing, and on a transfer the certificate produced is cancelled and a new one may issue to the new proprietor
Court orders
#- 1.That the Land Registrar, Nairobi dispenses with the requirement as to the production of the original certificate of lease for LR No. 519/7/XXV (Grant No. I.R 1677) while effecting the registration of the said title in the applicants' names
- 2.That the fresh certificate of lease in the applicants' names shall be issued once the parties follow the requisite procedure with the exception of the production of the original certificate of lease dispensed with
- Jurisdiction invoked
- Sections 1A, 1B and 3A of the Civil Procedure Act; Section 31 of the Land Registration Act; Sections 3 and 14 of the Environment and Land Court Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Karemeri & 11 others v Devji & another", Case Analysis (2023). Environment & Land Case 6 of 2020. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2023/17147/eng@2023-05-04
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.