[2020] KEELC 2385 (KLR)

[2020] KEELC 2385 (KLR)

The court found that it had already delivered judgment in the main suit, quashing the respondent's decision and remitting the dispute for re-hearing, which was subsequently done. The orders now sought by the applicants would amount to introducing a new cause of action and compelling the District Land Adjudication...

Source-derived case information.

Citation
[2020] KEELC 2385 (KLR)
Parties
Applicant: Atanasio Ntonjira; Applicant: Jason Ncheene; Respondent: District Land Adjudication Officer, Tigania East; Respondent: Hon Attorney General; Interested Party: Peter Kirema M’Rukwaru
Court
Environment and Land Court
Court Station
Environment and Land Court at Meru
Jurisdiction
Kenya
Case Number
Judicial Review Application 27 of 2015
Procedural Posture
Judicial Review Application / Ruling on Post Judgment Enforcement Application
Outcome
application dismissed
Legal Topics
Land Adjudication, Boundary Disputes, Judicial Review, Functus Officio, Enforcement of Judgments
Source Language
en
Land and Property Civil Procedure Land Adjudication Boundary Disputes Judicial Review Functus Officio Enforcement of Judgments

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Summary, issues, holding and outcome

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Parties

Atanasio Ntonjira

Applicant

Jason Ncheene

Applicant

District Land Adjudication Officer, Tigania East

Respondent

Hon Attorney General

Respondent

Peter Kirema M’Rukwaru

Interested Party

Procedural Posture

Judicial Review Application / Ruling on Post Judgment Enforcement Application

Legal Issues

  1. 1 Whether the court can grant orders for marking boundaries and provision of security after judgment has been delivered and executed.
  2. 2 Whether the court is functus officio regarding the enforcement of its previous orders in the adjudication dispute.

Ratio Decidendi

The court found that it had already delivered judgment in the main suit, quashing the respondent's decision and remitting the dispute for re-hearing, which was subsequently done. The orders now sought by the applicants would amount to introducing a new cause of action and compelling the District Land Adjudication Officer to undertake further actions beyond the scope of the original judgment. The court held that it was functus officio in relation to the original prayers and could not grant the enforcement orders sought. Consequently, the application was dismissed.

Court Disposition

application dismissed

Orders

  • The application is dismissed with no orders as to costs.