Keza Limited v Registrar of Titles, Attorney General, City Council of Nairobi & Smatt Petroleum Limited [2015] KEHC 6710 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT NAIROBI

MILIMANI LAW COURTS

ENVIRONMENT AND LAND COURT

ELC.  NO.  690  OF 2014

(FORMERLY PETITION NO. 243 OF 2014)

KEZA LIMITED.........................................................PETITIONER

VERSUS

REGISTRAR OF TITLES....................................1ST RESPONDENT

HON.  ATTORNEY GENERAL.............................2ND RESPONDENT

CITY COUNCIL OF NAIROBI..............................3RD RESPONDENT

AND

SMATT PETROLEUM LIMITED.........................INTERESTED PARTY

RULING

I am satisfied that the subject of this suit being the purported revocation of Grant No. I.R. 61872 in respect of property L.R No. 209/12085 belonging to the Petitioner by the Registrar of Titles through the publication of Gazette Notice No. 9230 dated 29th July 2011 was dealt with conclusively by Justice Majanja in Nairobi Petition No. 178 of 2011 Power Technics Ltd v. Attorney General and Others [2012] eKLR as consolidated with other cases. In that case, the court declared Gazette Notice No. 9230 null and void and directed the Registrar of Titles to gazette the court’s declaration. The Registrar duly complied by publishing the “Cancellation of Revocation of Land Titles” vide Gazette Notice No. 9815.

This effectively lifted the revocation of the Petitioner’s Grant No. I.R. 61872 in respect of property L.R No. 209/12085which comprise prayers A, C, D, E and I of the Petition herein.  On the other hand, prayers B, F, G, H and J form the subject matter of ELC No. 352 of 2013 Keza Limited v. Faisal Daud Ali, City Council of Nairobi & Another, which is the issue of the purported licensing of the suit property to the Interested Party. That issue shall be determined in that suit.

In the circumstances, this suit is marked as settled with costs to the Respondents.

DELIVERED AND DATED AT NAIROBI THIS 6TH  DAY OF FEBRUARY 2015.

MARY M. GITUMBI

JUDGE