Republic v Chief Land Registrar Exparte James Kimani Kanyoro [2019] KEELC 4801 (KLR)

REPUBLIC OF KENYA

IN THE ENVIRONMENT AND LAND COURT AT NAIROBI

JR. CASE NO. 2  OF 2019

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

AND

THE CHIEF LAND REGISTRAR......................................RESPONDENT

JAMES KIMANI KANYORO.............................EXPARTE APPLICANT

RULING

1. I have considered the chamber summons dated 28/1/2019 together with all the materials attached thereto.  The ex-parte applicant contends that his land was fraudulently transferred to third parties.  This culminated in criminal proceedings against the culprit(s).  The current title holders entered into a compromise with the ex-parte applicant and executed transfer instruments in favour of the ex-parte applicant. The Land Registrar has, however, failed to register the instruments and or act on the ex-parte applicant’s application.

2. I am satisfied that the application discloses a prima facie cause of action calling for further consideration through a substantive motion.  Consequently, leave is hereby granted to the exparte applicant in terms of prayer 2 of the chamber summons. 

The substantive motion shall be commenced within twenty one (21) days.  In default, the leave granted herein shall lapse. Mention  on 6/3/2019.

DATED, SIGNED AND DELIVERED AT NAIROBI ON THIS 29TH DAY OF JANUARY 2019.

B  M EBOSO

JUDGE