Wakilii

Commissioner for Local Government Lands and Settlements v Kaderbhai (Privy Council Appeal No. 8 of 1930)

East African Court of Appeal · [1930] EACA 12 · 1930 Appeal Allowed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Consolidated appeals from the Court of Appeal for Eastern Africa concerning a mandamus application to compel the Commissioner to allow an Indian subject to bid at an auction of Crown land restricted to Europeans
Decision
Mandamus application dismissed; Commissioner's power to impose racial restrictions on Crown land auctions upheld

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The Privy Council held that the Crown and its servants exercising the right to dispose of Crown property have at least the rights of private owners to make dispositions in any way that appears best in the Crown's interests. The words 'sell by auction' in section 18 of the Crown Lands Ordinance are not confined to selling without restriction but involve the power to sell by restricted auction. If there can be restricted user, there is no objection to limiting bidders to those capable of the restricted user. The Court of Appeal's order was set aside and the Supreme Court's dismissal of the mandamus application was restored.

Outcome

Mandamus application dismissed; Commissioner's power to impose racial restrictions on Crown land auctions upheld

Facts

The Commissioner for Local Government Lands and Settlement gave notice of an auction sale of town plots at Mombasa at which only Europeans would be allowed to bid and purchase. The notice contained a special condition that during the term of the grant, the grantee could not permit the dwelling-house or outbuildings to be used as a place of residence for any Asiatic or African except domestic servants. Abdulhusein Kaderbhai, an Indian subject of His Majesty resident in Mombasa, moved the Court for a mandamus commanding the Commissioner to allow him to bid and purchase at the auction and to cancel the restrictive condition. The Supreme Court of Kenya dismissed the motion. The Court of Appeal for Eastern Africa allowed the appeal as to the right to bid and purchase but dismissed it as to the restrictive condition. The Commissioner appealed to the Privy Council.

Issues

  1. Whether the Commissioner of Lands has power under the Crown Lands Ordinance to impose restrictions as to the class of persons who may bid and purchase at an auction of Crown lands.
  2. Whether the Commissioner has power to impose restrictive covenants as to the use of Crown lands when sold by auction.
  3. Whether the words 'sell by auction' in section 18 of the Crown Lands Ordinance permit restricted auctions or require unrestricted public auctions.

Orders

  • Appeal of the Commissioner allowed.
  • Order of the Court of Appeal dated 6th July 1929 set aside.
  • Order of the Supreme Court of Kenya dated 10th December 1928 restored.
  • Cross-appeal of the applicant dismissed.
  • Applicant to pay costs in the Privy Council and in the Court of Appeal.

Rules and key headnotes

Administrative Law — Crown Property — Disposal Powers — Discretion of Crown Servants
Prima facie the Crown and the servants of the Crown exercising the right of disposing of Crown property have at least the rights of private owners of making the disposition in any way that appears to them to be best in the interests of the Crown.
Administrative Law — Auction Sales — Right to Participate
In the disposition of Crown property by auction, unless it is expressly given by statute, there does not exist any legal right of any particular member of the public to take part.
Statutory Interpretation — 'Sell by Auction' — Scope of Power
The words 'sell by auction' in a statute are not confined to selling without restriction but involve the power to sell by restricted auction, including restrictions on the class of persons permitted to bid.
Land & Property — Crown Lands — Restrictive Conditions on Use
If there can be restricted user of Crown lands, there is no objection to limiting the bidders at auction to those capable of the restricted user.
Administrative Law — Judicial Review — Scope of Review
Courts are concerned only with the bare question of law. Questions of policy, or how legal powers shall be exercised, are not matters for the legal tribunal but have to be determined by the appropriate constitutional authority.

Legislation cited (13)

  • Crown Lands Ordinance (Cap. 140) s.6
  • Crown Lands Ordinance (Cap. 140) s.8
  • Crown Lands Ordinance (Cap. 140) s.10
  • Crown Lands Ordinance (Cap. 140) s.15
  • Crown Lands Ordinance (Cap. 140) s.16
  • Crown Lands Ordinance (Cap. 140) s.17
  • Crown Lands Ordinance (Cap. 140) s.18
  • Crown Lands Ordinance (Cap. 140) s.19
  • Crown Lands Ordinance (Cap. 140) s.20
  • Crown Lands Ordinance (Cap. 140) s.25
  • Crown Lands Ordinance (Cap. 140) s.26
  • Crown Lands Ordinance (Cap. 140) s.27
  • Crown Lands Ordinance (Cap. 140) s.39

Full judgment

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The original judgment as reported. Read the original PDF before relying on any passage.

Commissioner for Local Government Lands and Settlements v Kaderbhai (Privy Council Appeal No. 8 of 1930) [1930] EACA 12 (1 January 1930)
Source: this page presents Wakilii’s issue analysis and metadata for a publicly reported Ugandan judgment. Any AI-generated summary is marked as such. Judgment text is sourced from the Uganda Legal Information Institute (ulii.org). Wakilii is not affiliated with ULII.