Case ID:165284

Republic v Chief Land Registrar Ministry of Lands & another; Ex Parte:Feizal Sadrudin Nurani & Farah Sadrudin Nurani (As Administrators of the Estate of the Late Sadrudin Shamsudin Nurani) [2020] eKLR

Case Metadata

Case Number:

Judicial Review Application MiscellaneousE045 of 2020

Parties:

Republic v Chief Land Registrar Ministry of Lands & Attorney General; Ex Parte:Feizal Sadrudin Nurani & Farah Sadrudin Nurani (As Administrators of the Estate of the Late Sadrudin Shamsudin Nurani)

Date Delivered:

30 Sep 2020

Case Class:

Civil

Court:

High Court at Nairobi (Milimani Law Courts)

Case Action:

Ruling

Judge(s):

Pauline Nyamweya

Citation:

Republic v Chief Land Registrar Ministry of Lands & another; Ex Parte:Feizal Sadrudin Nurani & Farah Sadrudin Nurani (As Administrators of the Estate of the Late Sadrudin Shamsudin Nurani) [2020] eKLR

Court Division:

Constitutional and Judicial Review

County:

Nairobi

Case Outcome:

Application allowed

Disclaimer:

The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT NAIROBI

JUDICIAL REVIEW APPLICATION NO. MISC E045 OF 2020

BETWEEN

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

VERSUS

THE CHIEF LAND REGISTRAR MINISTRY OF LANDS.......1

ST

RESPONDENT

THE ATTORNEY GENERAL.......................................................

2

ND

RESPONDENT

EX PARTE:

FEIZAL SADRUDIN NURANI & FARAH SADRUDIN NURANI (As Administrators

of

the Estate of the Late SADRUDIN SHAMSUDIN NURANI)

RULING

The Application

1. The

ex parte

Applicants herein have filed an application by way of a Chamber Summons dated 28

th

September 2020, seeking the following orders:

1. THAT

the Applicants, Feizal Sadrudin Nurani and Farah Sadrudin Nurani (as administrators of the estate of the late Sadrudin Shamsudin Nurani) be granted leave to apply for an Order of Mandamus directed to the Respondents, The Chief Land Registrar, Ministry of Lands and The Hon. Attorney General to revoke the title issued to Glitter Venture Company Limited and regularize the title held by the Estate of Sadrudin Shamsudin Nurani and Ramesh Lali Aggarwal as per the directions of the National Land Commission dated 17th July 2017 vide Gazette Notice No. 6866.

2. THAT

the costs of this application be in the cause.

2. It is evident that the

ex parte

Applicants are seeking orders in relation to the title of land in the said application. Any disputes and orders sought in relation to title, use and occupation of land now fall within the exclusive jurisdiction of the Environment and Land Court, pursuant to Articles 162(2) (b) and 165(5) of the Constitution, and section 13 of the Environment and Land Court Act.

3. This Court therefore has no jurisdiction to hear and determine the Chamber Summons dated 28

th

September 2020.

The Orders

4. In the premises I direct and order that this suit be and is hereby transferred to the Environment and Land Court at Nairobi for further hearing and determination. The

ex parte

Applicants’ Chamber Summons dated 28

th

September 2020 shall accordingly be placed before the

Duty Judge

at the

Environment and Land Court at Nairobi

on

12

th

October 2020

, for directions.

5. The Deputy Registrar of this Court shall send a copy of this ruling by electronic mail to the

ex parte

Applicants, and to the Deputy Registrar of the Environment and Land Court at Nairobi, by close of business on 5

th

October 2020.

6. Orders accordingly.

DATED AND SIGNED AT NAIROBI THIS 30

TH

DAY OF SEPTEMBER 2020

P. NYAMWEYA

JUDGE