Republic v County Land Registrar Narok Ex-parte Zubeda Bhachu [2018] KEELC 4009 (KLR)

REPUBLIC OF KENYA

IN THE ENVIRONMENT AND LAND COURT

AT NAROK

JUDICIAL REVIEW CAUSE NO. 22 OF 2017

IN THE MATTER OF AN APPLICATION BY ZUBEDA BHACHU

FOR LEAVE TO APPLY FOR AN ORDER OF MANDAMUS

AND

IN THE MATTER OF AN APPLICATION BY ZUBEDA BHACHU TO COMPEL

THE COUNTY LAND REGISTRAR NAROK TO EXECUTE THE ORDER AND

DECREE ISSUED BY THE HIGH COURT GIVEN IN NAIROBIHCCC

NO. 659 OF 1997HAVA ISAK SULEIMAN VERSUS ZUBEDA BHACHU

AND

IN THE MATTER OF SECTIONS 79(2), 80(1) AND

86(1) OF THE LAND REGISTRATION ACT 2012

AND

IN THE MATTER OF THE REFUSAL BY THE COUNTY LANDREGISTRAR,

NAROK, TO CANCEL THE TITLE TO L.R.NO NAROK/TOWNSHIP/14

CURRENTLY IN THE NAME OF HAVA ISAK SULEIMAN AND

REGISTERTHE SAME IN THE NAME OF ZUBEDA BHACHU

INCOMPLIANCE WITH THE ORDER OF THE COURT

BETWEEN

REPUBLIC.................................................................APPLICANT

AND

THE COUNTY LAND REGISTRAR NAROK....RESPONDENT

EXPARTE

ZUBEDA BHACHU

RULING

The Exparte Applicant has brought the Application herein under order 53 Rule 1 of the Civil Procedure Rules by way of a Chamber Summons dated 25th October, 2017 seeking leave of this court to apply for an order of mandamus against the Respondents decision and failure to implement an order of the court issued in HCCC No. 659 of 1997 to rectify the register in respect a parcel of land known as LR Narok/Township14 by deleting the name of Hava Isak Suleiman and substituting it with that of Zubeda Bachu.

The Application was based on the ground that sometimes in 1997 the now deceased husband of Hava Isak Suleiman fraudulently caused the registration of the suit land in his name and applied to evict the Applicant in Nairobi HCC No. 659 of 1997 causing the Applicant to raise a counter claim in the same suit seeking the cancellation of the plaintiff’s title.

When the suit was fully heard the plaintiff’s suit was dismissed and judgement was entered for the Applicant.  The Application was supported by the affidavit of one Zubeda Bachu who averred that the Registrar Narok despite service of the Judgement of the court failed and refused to rectify the register pursuant to the judgement of the court.

I have read the Application before me together with the Supporting Affidavit by the Applicant and the Judgement of Mwera J as he then was.

Having applied my mind to the averment contained in the Application and the judgement I allow the Application dated 25/10/17 and grant the Applicant leave to commence Judicial Review Application against the Respondent and the said Application be filed within 21 days.

Orders accordingly.

Dated, Signed and Delivered in open court at NAROK on this 26th day of January, 2018

Mohammed Noor Kullow

Judge

In the presence of:-

N/A for the parties

Mohammed Noor Kullow

Judge

26/1/18