Mwani & another v Land Registrar Kajiado North (Ngong) & another [2023] KEELC 20058 (KLR)

Mwani & another v Land Registrar Kajiado North (Ngong) & another (Judicial Review E012 of 2022) [2023] KEELC 20058 (KLR) (25 September 2023) (Judgment)

Neutral citation: [2023] KEELC 20058 (KLR)

Republic of Kenya

In the Environment and Land Court at Kajiado

Judicial Review E012 of 2022

LC Komingoi, J

September 25, 2023

IN THE MATTER OF JUDICIAL REVIEW PROCEEDINGS FOR ORDERS OF MANDAMUS AND IN THE MATTER OF: BREACH OF ARTICLE 47 OF THE CONSTITUTION OF KENYA 2010 AND IN THE MATTER OF: LAND PARCEL NO.NGONG/NGONG/94034 AND IN THE MATTER OF: LAND REGISTRATION ACT NO.3 OF 2021 LAWS OF KENYA AND IN THE MATTER OF AN APPLICATION FOR A NOTICE OF MOTION FOR JUDICIAL REVIEW PROCEEDINGS FOR AN ORDER OF MANDAMUS IN THE MATTER OF: SECTION 8 AND 9 OF THE LAW REFORMS ACT CAP 26 LAWS OF KENYA

Between

Odillie Mutaka Mwani

1st Applicant

Lisa Maria Muhandichi Mayende

2nd Applicant

and

The Land Registrar Kajiado North (Ngong)

1st Respondent

The Hon Attorney General

2nd Respondent

Judgment

1. This is the notice of motion dated July 10, 2023 brought under;(Under sections 8 and 9 of the Law Reform Act, chapter 26 of the laws of kenya, order 53, rule 3 and 4 of the Civil Procedure Rules, 2010, article 47 of the Constitution of Kenya, section 4(1), (b) and (c) of the fair administrative Action Act, sections 14(1) & (2) of the Land Registration Act and all enabling provisions of the Law).

2. It seeks orders;1. An order of Mandamus compelling the Land Registrar Kajiado North (Ngong) the 1st Respondent herein to register the transfer instrument dated February 26, 2020 and to subsequently issue a title deed in respect of property Title No.Ngong/Ngong/94034. 2.Costs of the Application.

3. The grounds are on the face of the application and are set out in paragraphs 1 to 19.

4. The application is supported by the affidavit of Lisa Maria Muhandichi Mayende, sworn on the October 25, 2022.

5. Despite being served the respondent’s have not file any responses.

6. It is the exparte applicant’s case that the 1st respondent has wrongly abdicated and abandoned his duties and power in failing to exercise his public duty to register, transfers of interest in land and issue a valid title deed in respect of the suit property, thus infringing on the applicant’s right to property as well as fair administration action.

7. It is also their case that the refusal to register the transfer is in bad faith, malicious and inclined to frustrate the applicants.

8. The application is unopposed.

9. I am satisfied that the ex parte applicant’s have made out a good case to warrant the orders sought.

10. Accordingly I grant the following orders;a.That an order of Mandamus is hereby issued compelling the Land Registrar, Kajiado North (Ngong) the 1st Respondent herein to register the transfer instrument dated February 26, 2020 and to subsequently issue a title deed in respect of Ngong/Ngong/94034. b.That I make no orders as to costs.

DATED, SIGNED AND DELIVERED VIRTUALLY AT KAJIADO THIS 25TH DAY OF SEPTEMBER 2023. L. KOMINGOIJUDGE.