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Market Plaza Limited v. Commissioner for Lands, National Land Commission, City Market Stall Holders Association & Ethics and Anti-Corruption Commission

(2019) JELR 99279 (CA)

Court of Appeal  •  Civil Appeal 266 of 2017  •  26 Aug 2019  •  Kenya

Coram
Roselyn Naliaka Nambuye, Mohammed Abdullahi Warsame, William Ouko

Judgement

JUDGMENT OF THE COURT

The instant appeal contests the exercise of judicial discretion by the High Court (Odunga, J) when it declined to grant judicial review orders. The appellant had sued the defendants by Notice of Motion dated 23rd February, 2011 seeking orders of certiorari, prohibition and mandamus. The matter took a Judicial Review trajectory because the appellant alleged various actions by the Registrar of Titles which amounted to breaches of the law including unlawful and ultra vires exercise of discretionary powers, breach of legitimate expectations, breach of rules of natural justice, oppression, and breach of constitutional rights.

The appellant is a limited liability company with its offices in Nairobi, claiming to be the registered owners of the suit property LR No. 209/1855/2. The 1st respondent was sued in his capacity as the person in charge of allocation alienation, processing and issuance of land titles held by the government.

The appellant claims the suit premises were…

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