JUDGMENT OF THE COURT
The appellant’s husband was the registered owner of Land Parcel Title No. Nyandarua/Ol Kalou/Salient/271 (the suit land), which was sold in a public auction and transferred to the 4th respondent over some debt and after a consent was entered in Nakuru PMCC No. 173 of 1988 in favour of the 4th respondent.
Subsequently, and despite the consent order, the appellant’s husband purported to transfer the suit property to the appellant. In an effort to realize the transfer, he obtained a consent from the Land Control Board of the relevant area. The Land Registrar however declined to effect the transfer for the reason that the suit property was already registered in the name of the 4th respondent. It is this refusal that prompted the appellant to take out a motion on notice for mandamus to compel the 2nd and 3rd respondents to transfer the suit property to the appellant and to issue to her the title deed. The motion also sought general and exemplary damages, as well as mesn…