[2020] KEELC 1698 (KLR)
The court found that the applicants had established an arguable case warranting leave to commence judicial review proceedings. To preserve the status quo and prevent irreparable harm, the court exercised its discretion to grant leave and ordered that such leave operate as a stay of the cancellation of the...
Source-derived case information.
- Citation
- [2020] KEELC 1698 (KLR)
- Parties
- Applicant: Fredrick Wekesa Machasio; Applicant: Patrick Wanjala Machasio; Respondent: The Assistant County Commissioner Webuye; Respondent: The Land Registrar Bungoma; Respondent: The County Surveyor
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Bungoma
- Jurisdiction
- Kenya
- Case Number
- Environment and Land Miscellaneous Application 7 of 2020
- Procedural Posture
- Miscellaneous Application / Ruling on Leave to Commence Judicial Review and Interim Stay
- Outcome
- Leave granted to commence judicial review; leave to operate as stay of cancellation of titles; directions for filing and service of substantive application and responses.
- Legal Topics
- Judicial Review, Land Title Cancellation, Interim Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Fredrick Wekesa Machasio
Applicant
Patrick Wanjala Machasio
Applicant
The Assistant County Commissioner Webuye
Respondent
The Land Registrar Bungoma
Respondent
The County Surveyor
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Leave to Commence Judicial Review and Interim Stay
Legal Issues
- 1 Whether the applicants should be granted leave to commence judicial review proceedings against the respondents.
- 2 Whether the leave granted should operate as a stay of the cancellation of the specified land titles.
Ratio Decidendi
The court found that the applicants had established an arguable case warranting leave to commence judicial review proceedings. To preserve the status quo and prevent irreparable harm, the court exercised its discretion to grant leave and ordered that such leave operate as a stay of the cancellation of the applicants' land titles by the 2nd and 3rd respondents. The court further directed the applicants to file and serve the substantive application within 21 days, and the respondents to respond within 14 days of service, with further directions to be given at a later date.
Court Disposition
Leave granted to commence judicial review; leave to operate as stay of cancellation of titles; directions for filing and service of substantive application and responses.
Orders
- Leave is granted to the applicants to commence judicial review proceedings in terms of prayer No. 2.
- The leave shall operate as a stay of the cancellation of titles NDIVISI/MUCHI/10442, 10443, and 10444 by the 2nd and 3rd respondents.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT
AT BUNGOMA
ELC MISCELLENOUS APPLICATION NO. 7 OF 2020
FREDRICK WEKESA MACHASIO........................................................1ST APPLICANT
PATRICK WANJALA MACHASIO........................................................2ND APPLICANT
VERSUS
THE ASSISTANT COUNTYCOMMISSIONER WEBUYE................1ST RESPONDENT
THE LAND REGISTRAR BUNGOMA..............................................2ND RESPONDENT
THE COUNTY SURVEYOR................................................................3RD RESPONDENT
29th June 2020
Coram: B. N. Olao JUDGE
(in chambers)
R U L I N G
The Chamber Summons application dated 5th March 2020 was scheduled for hearing on 31st March 2020. It was however caught up in the lock – down that followed the onset of the COVID – 19 pandemic. It has been brought up - to-day.
Having perused the same, I make the following orders: -
1. Leave is hereby granted to the Applicants to commence Judicial Review proceedings in terms of prayer NO 2 thereof.
2. The leave shall operate as a stay of the cancellation of the titles NO NDIVISI/MUCHI/10442, 10443 and 10444 by the 2nd and 3rd Respondents.
3. The substantive application be filed and served upon the Respondents and any interested parties within 21 days from to-day.
4. The Respondents and any interested parties shall have 14 days from the date of service upon them of the substantive Notice of Motion to file and serve their responses.
5. Further directions as to mode of hearing shall be given on 21st September 2020.
Boaz N. Olao.
J U D G E
29th June 2020