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Republic v. Attorney General & Registrar of Titles Ex parte Samuel Kazungu Kambi; Kenya Railways Corporation

(2019) JELR 94983 (CA)

Court of Appeal  •  Civil Appeal 122 of 2013  •  22 Mar 2019  •  Kenya

Coram
Erastus Mwaniki Githinji, James Otieno Odek, Fatuma sichale

Judgement

JUDGMENT OF THE COURT

1. By Notice of Motion dated 26th May 2011, the Ex parte applicant now appellant, Mr. Samuel Kazungu Kambi sought an order of certiorari to remove and bring into the High Court and quash the decision of the Registrar of Titles made on 26th November 2010 to cancel and revoke the ex-parte applicant’s title to Nairobi LR No. 209/19703 registered in Grant No. IR 123186 (hereinafter the suit property). The decision to cancel and revoke the title was communicated vide Gazette Notice No. 15580.

2. The appellant asserts he is the registered proprietor of the suit property and the Registrar of Titles had no power to cancel and revoke his title and grant. It is contended that prior to the revocation of title, the Registrar did not accord the appellant an opportunity to be heard; the Registrar’s action in cancelling and revoking the title was oppressive and engender financial detriment to the appellant’s investment. It was urged the appellant stands to suffer irreparable loss…

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