HENRY MUTHEE KATHURIMA
V.
COMMISSIONER OF LANDS & ANOR

JUDGMENT OF THE COURT

The property in dispute in this appeal is Land Parcel No. Meru Municipality/Block 1/167. The appellant’s claim to the suit property is premised on the following facts: the suit property was allocated to the appellant vide a letter of allotment dated 19^th February, 1998; a Certificate of Lease signed on 8^th December, 1998, by the 1^st respondent granted the appellant a lease to the suit property for 99 years with effect from 1^st March, 1998. By a letter dated 18^th September, 2009, the 1^st respondent asked the appellant to surrender the title document of the suit property to facilitate transfer of the property to the 2^nd respondent.

Upon receipt of the letter dated 18^th September, 2009, the appellant filed a Petition before the High Court at Meru seeking inter alia the following declaratory orders:

that the act of the 1^st respondent of asking the appellant to surrender his title documents be declared unconstitutional, null and void;

that an order of declaration to issue…