Brothers of Our Lady Mother of Mercy Registered Trustees v Land Registrar, Nakuru Land Registry (Environment and Land Miscellaneous Application E001 of 2025) [2025] KEELC 4590 (KLR)
The bottom line
#The Environment and Land Court in Nakuru ordered the Land Registrar to remove a restriction blocking a property title, after years of inaction.
What this practically means
#Executive summary
#Key legal issues
#Whether the restriction on the applicant's title should be removed under Section 78 of the Land Registration Act
The application succeeded; the court ordered the Land Registrar to lift the restriction within 14 days, as the applicant held a judgment and decree declaring it the legal owner of the suit land and was entitled to enjoy its proprietary rights under Article 40 of the Constitution.
The applicant was declared the legal owner of the suit property by a judgment of 19th January 2019 in ELC No. 10 of 2018, with a decree issued on 3rd March 2023. The applicant had applied to the Registrar to lift the restriction, but the Registrar did not act. Although served, the Respondent did not appear to justify why the restriction should remain on the register. The court thus exercised its discretion under Section 78 to order removal.
Legal principles established
#- Upon the application of a proprietor affected by a restriction, the court may order the restriction to be removed, varied or make such other order as it deems fit, and may make an order as to costs.
- The court's discretion to order removal of a restriction on a title must be exercised judicially.
Court orders
#- 1.The Land Registrar Nakuru is hereby ordered to lift the Restriction placed on the property known as land reference Number Nakuru Municipality Block 23/523 within 14 days hereof
- 2.Costs are awarded to the Applicant
- Jurisdiction invoked
- Section 78(1) and (2) of the Land Registration Act, 2012; Article 40 of the Constitution
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Brothers of Our Lady Mother of Mercy Registered Trustees v Land Registrar, Nakuru Land Registry (Environment and Land Miscellaneous Application E001 of 2025) [2025] KEELC 4590 (KLR)", Case Analysis (2025). Notice of Motion dated 14th January 2025. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/4590/eng@2025-06-19
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.