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ELCAllowedNot stated on the face of the ruling (chamber summons dated 21.08.2024)· [2025] KEELC 3018 (KLR)

Chiponda & 860 others v Kassam & others (Environment & Land Case 301 of 2015) [2025] KEELC 3018 (KLR)

Environment and Land Court
27 March 2025
YAY. M. Angima
1,228 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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Kenya's Environment and Land Court in Mombasa ordered the Registrar of Titles to produce land records, confirming parties can access official documents for their cases.

What this practically means

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Executive summary

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By a chamber summons dated 21.08.2024 under Sections 1A, 1B and 3A of the Civil Procedure Act and Order 16 Rule 1 of the Civil Procedure Rules, the plaintiffs sought an order summoning the Registrar of Titles, Mombasa to produce all records relating to Plot Nos. 330, 817, 818 and 819 in Section II Mainland North, including resultant sub-divisions, transfers, leases, charges and stamp duty evidence. The plaintiffs claimed the properties as ancestral community land and alleged fraudulent alienation; their efforts to obtain official records directly from the Land Registrar had failed. The 1st-4th defendants opposed through grounds of opposition, arguing the application was a fishing expedition, incompetent, and an abuse of process; that the plaintiffs should have conducted due diligence before filing suit; and that Order 16 applies to documents already on record rather than production of official records, suggesting judicial review or joinder of the Chief Land Registrar as alternatives. No response was filed for the 5th-14th defendants, and no submissions were filed by either side. Framing the single question as whether the plaintiffs had made out a case for the orders sought, the court held that Order 16 governs summoning witnesses to give evidence or produce documents, and that the plaintiffs were entitled to the records not only under the Civil Procedure Act and Rules but also under Article 35 of the Constitution and the Access to Information Act. Finding no legitimate reason to refuse the summons, the court ordered a witness summons to issue against the Registrar of Titles to produce the specified records, with costs in the cause, and fixed a further mention on 03.06.2025 for pretrial directions.

Key legal issues

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01

Whether the plaintiffs made out a case for summons to the Registrar of Titles to produce land records under Order 16 Rule 1

Holding

Yes. The records sought were relevant to the matters in controversy and the plaintiffs were entitled to them under the Civil Procedure Act and Rules, Article 35 of the Constitution and the Access to Information Act.

Reasoning

Order 16 rule 1 permits parties to obtain summonses to persons required to give evidence or produce documents. The plaintiffs claimed the suit properties as ancestral community land alleged to have been fraudulently alienated. The official records documenting alienation, transfers, leases, charges and stamp duty were directly relevant. The court found no legitimate reason to refuse the summons, holding that Order 16 exists to bring all necessary documents and evidence before the court so it may arrive at a just decision.

p. 3

Legal principles established

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  • A party is entitled to official records in the custody of the land registrar relevant to matters in controversy, under the Civil Procedure Act and Rules, Article 35 of the Constitution and the Access to Information Act.
  • The purpose of Order 16 of the Civil Procedure Rules is to enable the court to have all necessary documents and evidence before it to arrive at a just decision.

Court orders

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  1. 1.A witness summons to issue against the registrar of titles Mombasa to attend court and produce all records relating to the parcels known as No.330, 817, 818 and 819 in Section II/ MN including all resultant sub-divisions such as 14216, 14217, 14218 and 14220 including transfers, leases, charges and evidence of payment of stamp duty.
  2. 2.Costs of the application shall be in the cause.
  3. 3.Further mention on 03.06.2025 for pretrial directions.

Authorities

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Legislation

  • Civil Procedure Act (Cap 21)Sections 1A, 1B, 3A
  • Civil Procedure RulesOrder 16 Rule 1; Order 53 (referred to in grounds of opposition)
  • Evidence Act (Cap 80)Section 69
  • Constitution of KenyaArticle 35
  • Access to Information ActNot specified
Jurisdiction invoked
Sections 1A, 1B and 3A of the Civil Procedure Act (Cap 21) and Order 16 Rule 1 of the Civil Procedure Rules; Article 35 of the Constitution of Kenya and the Access to Information Act

Key timeline

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Practical implications

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Frequently asked questions

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Later judgments citing this (1)

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Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.

Cite this brief

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Cite this brief

Caselaw, "Chiponda & 860 others v Kassam & others (Environment & Land Case 301 of 2015) [2025] KEELC 3018 (KLR)", Case Analysis (2025). Not stated on the face of the ruling (chamber summons dated 21.08.2024). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/3018/eng@2025-03-27

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.