DIDA BONAYA HALAKE V. NAIROBI CITY COUNCIL

JUDGMENT OF SHAH, J.A

On 24th April, 1999, the High Court (Aganyanya, J) refused to grant leave to the appellant to file an application for mandamus. The order of mandamus against the respondent, Nairobi City Council, was being sought to compel the Council to issue a beacon certificate, draw and prepare relevant maps and plans and lodge them with the Commissioner of Lands, and also to take all other relevant actions to ensure that the appellant was issued with a certificate of lease in respect of Plot No. 107/1201 in Umoja Estate in Nairobi.

The facts briefly are that the Council through its then Town Clerk had allocated to the appellant the said plot measuring some 0.159 of an hectare for a term of 99 years from 1st October, 1993 at a stand premium of Shs.15,000/= and an annual rental of Shs.1,600/=. In addition the appellant was to pay for all charges in respect of roads and sewer apportionments, rates for the rateable part, stamp duty, survey, conveyancing and registration fees and a…