Karamagi Alpha Charles v Commissioner Land Registration (Miscellaneous Application 1919 of 2024)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
Held that where the Commissioner Land Registration has demanded surrender of a certificate of title for cancellation and the applicant has filed a civil suit challenging that decision, the threat of cancellation is imminent and urgent. A certificate of urgency was properly issued to enable the Assistant Registrar to hear the application for interim injunction during court vacation to preserve the status quo pending determination of the temporary injunction application.
Outcome
Certificate of urgency issued; matter to proceed to hearing before Assistant Registrar during vacation
Facts
The applicant was the registered owner of land comprised in KCCA LRV 553 Folio 12 Plot 9 Madras Gardens. On 19 June 2024, the Commissioner Land Registration wrote to the applicant stating that his lease had been created while another lease was running and demanded surrender of the duplicate certificate of title for cancellation. The applicant received the notice on 3 July 2024. The applicant filed Civil Suit No. 654 of 2024 challenging the Commissioner's decision and also filed applications for temporary and interim injunctions to halt the cancellation. The court was in vacation and a certificate of urgency was required to have the interim injunction application heard.
Issues
- Whether a certificate of urgency should be issued to permit hearing of an interim injunction application during court vacation.
Orders
- A Certificate of Urgency is hereby issued permitting Assistant Registrar to hear Miscellaneous Application No. 1917 of 2024 during Court Vacation in respect of the application for the interim injunction.
- Costs in the cause.
Legislation cited (7)
- Judicature Act Cap 16 s.37
- Civil Procedure Act Cap 282 s.98
- Land Act s.91(10)
- Judicature (Court Vacation) Rules r.3
- Judicature (Court Vacation) Rules r.4
- Civil Procedure Rules O.52 r.1
- Civil Procedure Rules O.52 r.3
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.