In re Sumac Microfinance Bank Ltd (Environment and Land Miscellaneous Application E003 of 2025) [2025] KEELC 5291 (KLR)
The bottom line
#What this practically means
#Executive summary
#Key legal issues
#Whether the court should remove the restriction placed on Nakuru/Rare/Gichobo/2313
The application was allowed; the Land Registrar was ordered to lift the restriction within 14 days, failing which it stands removed.
The court noted the Registrar's power under Section 78(1) of the Land Registration Act to remove a restriction after hearing affected parties, and the court's power under Section 78(2). The Applicant wrote three letters seeking removal of the restriction lodged by the Regional Surveyor, but the Land Registrar neither acted nor furnished reasons. The Registrar was served but neither responded nor appeared to justify the restriction. The court exercised its discretion judicially, found the application merited, and allowed it as prayed.
Legal principles established
#- Upon application of a proprietor affected by a restriction, the court may order the restriction removed, varied or make such other order as it deems fit where the Registrar has failed to act.
Court orders
#- 1.The Land Registrar, Nakuru, is ordered to lift the Restriction placed on the property known as Nakuru/Rare/Gichobo/2313 within 14 days failure to which it stands removed by the order
- 2.Costs to the Applicant
- Jurisdiction invoked
- Section 78(2) of the Land Registration Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "In re Sumac Microfinance Bank Ltd (Environment and Land Miscellaneous Application E003 of 2025) [2025] KEELC 5291 (KLR)", Case Analysis (2025). Originating Summons dated 10th March, 2025. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/5291/eng@2025-07-16
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.