Placid View Properties Limited v National Land Commission & another; Kenya National Highways Authority & another (Interested Parties) [2020] eKLR Case Summary

Court
Environment and Land Court at Nairobi
Category
Civil
Judge(s)
B.M. Eboso
Judgment Date
October 06, 2020
Country
Kenya
Document Type
PDF
Number of Pages
3
Explore the Placid View Properties Limited v National Land Commission & another case summary. Understand key legal findings and implications for property rights in Kenya from the 2020 eKLR judgment.

Case Brief: Placid View Properties Limited v National Land Commission & another; Kenya National Highways Authority & another (Interested Parties) [2020] eKLR

1. Case Information:
- Name of the Case: Placid View Properties Limited v. National Land Commission
- Case Number: Judicial Review Case No. 51 of 2017
- Court: Environment and Land Court, Nairobi
- Date Delivered: October 6, 2020
- Category of Law: Civil
- Judge(s): B.M. Eboso
- Country: Kenya

2. Questions Presented:
The central legal issues presented to the court were:
1. Did the National Land Commission (NLC) observe the rules of natural justice and act in accordance with the requisite law in revoking the applicant's land title?
2. Is the order of certiorari an appropriate remedy in the circumstances of this dispute?

3. Facts of the Case:
The applicant, Placid View Properties Limited, is the registered proprietor of Land Reference Number 209/12367, which houses the Ole Sereni Hotel. The property was acquired in 2007 for Kshs 10,000,000 from Swan Carriers Limited. In 2016, the NLC received complaints from the Kenya National Highways Authority and Indian Spray Painters Limited, alleging encroachment of the suit property onto adjacent land. Following these complaints, the NLC purportedly revoked the applicant's title without providing a fair hearing or opportunity to contest the claims. The applicant contended that the revocation was unlawful and violated their rights under the Constitution and relevant statutes.

4. Procedural History:
The applicant filed a judicial review motion on February 27, 2018, seeking to quash the NLC's decision as published in Gazette Notice No. 6865. The motion was amended on September 25, 2019, to include interested parties. The NLC and the Chief Land Registrar opposed the motion, asserting that proper procedures were followed and that the applicant was duly notified and heard in the review process.

5. Analysis:
- Rules: The court analyzed constitutional provisions, particularly Article 47, which guarantees the right to fair administrative action, and the National Land Commission Act, which outlines procedures for reviewing land grants.

- Case Law: The court referred to *Communications Commission of Kenya & 5 Others v. Royal Media Services Limited & 5 Others (2014)* and *Judicial Service Commission v. Mbalu Mutava & Another (2015)*, emphasizing the importance of procedural fairness in administrative actions.

- Application: The court found that the NLC failed to provide the applicant with a hearing or proper notice regarding the revocation of their title. The evidence presented by the NLC was contradictory, and the applicant was not given an opportunity to contest the claims made against them.

6. Conclusion:
The court ruled in favor of the applicant, issuing an order of certiorari to quash the NLC's decision as published in the Gazette Notice. The court emphasized the importance of adhering to procedural fairness in administrative actions, particularly when they impact property rights.

7. Dissent:
There were no dissenting opinions noted in the case brief.

8. Summary:
The court's decision reaffirmed the necessity of following due process in administrative reviews, particularly in land disputes. The ruling protects the rights of property owners against arbitrary revocation of titles, highlighting the significance of fair administrative action in Kenya's legal framework. The applicant's title was reinstated, underscoring the court's commitment to upholding constitutional rights and the rule of law in land matters.

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