[2018] KEELC 3027 (KLR)
The court found that the applicant had established an arguable case that the chief of Lumakanda location acted without jurisdiction in fixing a boundary between registered land parcels, a function reserved for statutory bodies under the Registration of Land Act. The court also noted the applicant's claim that the...
Source-derived case information.
- Citation
- [2018] KEELC 3027 (KLR)
- Parties
- Applicant: Charles N. Embodolio; Respondent: Republic of Kenya; Respondent: Elias Matasio alias Johnson Wabomba; Respondent: Patrick Matoni
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Judicial Review 1 of 2018
- Procedural Posture
- Judicial Review Application / Ruling on Leave and Stay Application
- Outcome
- Leave granted to apply for judicial review; stay of chief's boundary decision ordered; main motion to be filed within 21 days.
- Judges
- NA Matheka
- Legal Topics
- Boundary Disputes, Jurisdiction of Administrative Officers, Natural Justice, Judicial Review Remedies
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Charles N. Embodolio
Applicant
Republic of Kenya
Respondent
Elias Matasio alias Johnson Wabomba
Respondent
Patrick Matoni
Respondent
Procedural Posture
Judicial Review Application / Ruling on Leave and Stay Application
Legal Issues
- 1 Whether the chief had jurisdiction to fix a boundary between registered land parcels.
- 2 Whether the chief's actions violated the rules of natural justice.
- 3 Whether leave should be granted to apply for orders of mandamus, prohibition, and certiorari.
Ratio Decidendi
The court found that the applicant had established an arguable case that the chief of Lumakanda location acted without jurisdiction in fixing a boundary between registered land parcels, a function reserved for statutory bodies under the Registration of Land Act. The court also noted the applicant's claim that the chief's actions may have violated the rules of natural justice. Consequently, the court granted leave to the applicant to file for judicial review orders of mandamus, prohibition, and certiorari. Furthermore, the court ordered that the leave granted would operate as a stay of the chief's actions pending the hearing and determination of the main motion, to preserve the status quo...
Court Disposition
Leave granted to apply for judicial review; stay of chief's boundary decision ordered; main motion to be filed within 21 days.
Orders
- Applicant granted leave to file application for orders of mandamus, prohibition, and certiorari.
- Leave granted to operate as a stay of the chief's actions regarding boundary fixing between the specified land parcels until the matter is finalized.
Full Case Text
Judgment text and source record
31 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT KAKAMEGA
ELC JR 1 OF 2018
IN THE MATTER OF THE REGISTRATION OF LAND ACT
AND
IN THE MATTER OF A BOUNDARY DISPUTE BETWEEN LAND PARCEL NUMBER LUMAKANDA/1647 AND LUMAKANDA/809
AND
IN THE MATTER FAIR ADMINISTRATIVE ACT
AND
IN THE MATTER OF FIXING A BOUNDARY BETWEEN LAND PARCEL NUMBER LUMAKANDA/1647 AND LUMAKANDA/809 BEFORE THE SENIOR CHIEF LUMAKANDA LOCATION ON 25TH SEPTEMBER, 2017
CHARLES N. EMBODOLIO ............................................... APPLICANT
VERSUS
REPUBLIC OF KENYA.....................................................RESPONDENT
AND
ELIAS MATASIOALIAS JOHNSON WABOMBA
PATRICK MATONI...........................................INTERESTED PARTIES
RULING
This application is dated 24th February 2018 and brought under order 53 rule 1 (1) (3) (4) of the Civil Procedure Rules 2010 seeking the following orders;
1. That this matter be heard ex-parte in the 1st instance as it is urgent.
2. That the applicant be granted leave to file an application for the orders of mandamus, prohibition and certiorari.
3. That the court be pleased to order that the leave granted do act as a stay of the actions of the chief of fixing a boundary between land parcel number KAKAMEGA/LUMAKANDA/1647and KAKAMEGA/LUMAKANDA/809 made on 25th September, 2017 till this matter is finalized.
4. That costs be provided for.
It is based on the following grounds that the chief Lumakanda location has no jurisdiction to fix a boundary of land which is registered under the laws of Kenya. That the chief violated rules of Natural justice when he acted as he did on 25th September, 2017. Applicant of the exparte applicant. I therefore grant the following orders;
1. That the applicant be granted leave to file an application for the orders of mandamus, prohibition and certiorari.
2. That the court be pleased to order that the leave granted do act as a stay of the actions of the chief of fixing a boundary between land parcel number KAKAMEGA/LUMAKANDA/1647 and KAKAMEGA/LUMAKANDA/809 made on 25th September, 2017 till this matter is finalized.
3. The main motion to be filed and served within the next 21 days.
4. That costs be in the cause.
It is so ordered.
DELIVERED, DATED AND SIGNED AT KAKAMEGA IN OPEN COURT THIS 30TH DAY OF MAY 2018.
N.A. MATHEKA
JUDGE