Land Titles (Forms) Rules (Cap. 282)

[Rev. 2012] L9 - 89 [Issue 1] LAND TITLES (FORMS) RULES [Cap. 282, Sub. Leg., L.N. 375/1960, L.N. 162/1976, L.N. 67/1991, L.N.. 125/2011.] 1. These Rules may be cited as the Land Titles (Forms) Rules. (1) Forms B(1), D, E, F, G, H, I, J and K in the Schedule to these Rules are prescribed in addition to the forms in the Third Schedule to the Act. (2) The fees payable in all matters connected with the Forms B(1), D, E, F, G, I, J and K wherever applicable shall be those prescribed by the Minister. 3. The forms hereby prescribed shall be used in all cases under Part II of the Act. 4. The Registrars of Land Titles at Nairobi and Mombasa shall keep a supply of Forms A to K for the use of the public. 5. The Registrars of Land Titles shall cause to be impressed on all applications on which fees are paid and on all copies thereof a stamp recording the date and time of presentation in such manner (in the case of the original) as to cancel the stamps affixed in payment of fees; and that impression shall in the absence of fraud be conclusive evidence of the date and time of presentation and that the fees, stated in the application to have been paid, have been paid. SCHEDULE [Rule 2.] [Rev. 2012] [Issue 1] L9 - 90 [Rev. 2012] L9 - 91 [Issue 1] [Rev. 2012] [Issue 1] L9 - 92 [Rev. 2012] L9 - 93 [Issue 1] [Rev. 2012] [Issue 1] L9 - 94 [Rev. 2012] L9 - 95 [Issue 1] [Rev. 2012] [Issue 1] L9 - 96 LAND TITLES RULES [Cap. 159 (1948).] PART I – PRELIMINARY 1. These Rules may be cited as the Land Titles Rules. PART II – REGISTRATION OF JUDGMENT DECREES AND ORDERS OF A COURT (1) A copy of a judgment, decree or order of a court transmitted to a registrar by a court under section 61 of the Act, and a will, letters of administration or an order of a court presented for registration under paragraph (a) of subsection (1) of section 62 of the Act, shall not be copied into the register, but, on receipt of the prescribed fees, shall be filed in the office of the registrar in such manner as the Principal Registrar shall direct, and a note referring to the judgment, decree, order, will or letters of administration and to the book in which it is filed shall be entered by the registrar in the volume and folio of the register in which the holding affected is registered. (2) On the filing of any such document and on the entry being made in the register book, the document shall be deemed to be duly registered for the purposes of the Act. (3) The file of documents under rule 2 shall be open to inspection on the same terms and on payment of the same fees as may, from time to time, be prescribed for search in the register book. (1) The Court or person required to apply for the registration of a will or letters of administration or an order of a court under paragraph (a) of subsection (1) of section 62 of the Act, or to transmit a document as required by paragraph (b) of that subsection, shall transmit to the Registrar out of the moneys of the estate the fee prescribed for the registration of the will, letters of administration, order of the Court or document, as the case may be. (2) In the case of a will, letters of administration or order of a court, the prescribed fee shall be transmitted to the registrar as soon as moneys belonging to the estate and sufficient to pay the fee have been received by the executor, administrator, wasi or court, as the case may be. (3) In the case of a document transmitted in pursuance of paragraph (b) of subsection (1) of section 62 of the Act, the prescribed fee shall be sent to the registrar, together with the document. PART III – ASCERTAINMENT OF VALUE OF PROPERTY (1) Whenever it is necessary that the value of any property shall be ascertained for the purpose of determining the fee to be paid in respect of a certificate of ownership to be granted under the Act, or for the purpose of determining the sum to be paid by an unsuccessful claimant under subsection (1) of section 33 of the Act, the value shall be determined by the Recorder of Titles, and, save as hereinafter provided, his determination shall be final