[2017] KEELC 218 (KLR)
The court found that the non-cooperation of the relevant government officers was impeding the resolution of the land dispute. To address this, the court exercised its authority to summon the District Land Adjudication and Settlement Officer, the District Land Registrar, and the District Surveyor, all of Meru South,...
Source-derived case information.
- Citation
- [2017] KEELC 218 (KLR)
- Parties
- Plaintiff: Elias Zakayo Nthwiga; Defendant: Director of Land Adjudication and Settlement and 2 Others
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 118 of 2017
- Procedural Posture
- Land and Property / Interlocutory Ruling
- Outcome
- Interlocutory orders issued; matter set for directions.
- Legal Topics
- Land Adjudication, Settlement Disputes, Court Summons, Government Officers, Non Cooperation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Elias Zakayo Nthwiga
Plaintiff
Director of Land Adjudication and Settlement and 2 Others
Defendant
Procedural Posture
Land and Property / Interlocutory Ruling
Legal Issues
- 1 Whether government officers are cooperating in the resolution of the land dispute.
- 2 Whether the court should summon the relevant government officers to explain their non-cooperation.
Ratio Decidendi
The court found that the non-cooperation of the relevant government officers was impeding the resolution of the land dispute. To address this, the court exercised its authority to summon the District Land Adjudication and Settlement Officer, the District Land Registrar, and the District Surveyor, all of Meru South, to appear in person and explain their actions. The court also directed the plaintiff to be present, emphasizing the importance of personal attendance to clarify issues central to the suit. The orders were made to ensure progress in the matter and to facilitate the court's directions for the just determination of the dispute.
Court Disposition
Interlocutory orders issued; matter set for directions.
Orders
- The District Land Adjudication and Settlement Officer Meru South, the District Land Registrar Meru South, and the District Surveyor Meru South are to personally attend court on 23.3.2017 to shed light on issues relevant to the suit.
- The plaintiff is to personally attend court on 23.3.2017.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT CHUKA
CHUKA ELC CASE NO 118 OF 2017
FORMERLY MERU ELC CASE NO.95 OF 2015
ELIAS ZAKAYO NTHWIGA..........................................PLAINTIFF
VERSUS
DIRECTOR OF LAND ADJUDICATION AND
SETTLEMENT AND 2 OTHERS................................DEFENDANTS
RULING
1. Mr. Kiongo, State Counsel in the AG’s office, told this court that the plaintiff and the District Land Adjudication and Settlement Officer had agreed on the way forward in this matter in his presence on 8th March, 2017.
2. Mr Kiongo told the court that the concerned government officer’s were not co-operating. He asked the court to summon the DLASO, Meru South, the District Land Registrar, Meru South and the District Surveyor, Meru South to come to court to explain why they are not cooperating in the resolution of this dispute.
3. It is ordered as follows:
1. The District Land Adjudication and Settlement officer Meru South, The District Land Registrar, Meru South and the District Surveyor, Meru South, to personally come to court on 23. 3.207 to shed light on important issues apposite to this suit.
2. The plaintiff to also personally be present in court on 23. 3.2017.
3. Directions on 23. 3.2017.
4. It is so ordered.
Delivered in open court at Chuka this 16th day of October, 2017in the presence of:
CA: Ndegwa
Kiongo for the defendants.
P. M. NJOROGE,
JUDGE.