[2020] KEELC 3248 (KLR)
The court found that the application for review was properly brought under the relevant provisions of the Civil Procedure Rules and Act. However, since the applicant was not present in court at the ex parte hearing, the court did not proceed to determine the substantive merits of the application. Instead, the court...
Source-derived case information.
- Citation
- [2020] KEELC 3248 (KLR)
- Parties
- Applicant: Jadiel Kirongo M’Ithiano; Respondent: Julius Gatobu M’Ithiano; Respondent: Julia Mugito
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- Environment and Land Appeal 227 of 2013
- Procedural Posture
- Civil Appeal / Ruling on Application for Review and Directions
- Outcome
- Application for review not determined; directions issued for service and inter partes hearing.
- Legal Topics
- Review of Court Orders, Enforcement of Court Orders, Land Subdivision, Powers of Land Registrar
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jadiel Kirongo M’Ithiano
Applicant
Julius Gatobu M’Ithiano
Respondent
Julia Mugito
Respondent
Procedural Posture
Civil Appeal / Ruling on Application for Review and Directions
Legal Issues
- 1 Whether the court should review its ruling dated 3rd December, 2019 to substitute Meru Land Registrar with Meru District Surveyor in paragraph 13(d).
- 2 Whether the original order is unenforceable as issued.
- 3 Whether sufficient reason exists for the court to interfere with its earlier ruling.
Ratio Decidendi
The court found that the application for review was properly brought under the relevant provisions of the Civil Procedure Rules and Act. However, since the applicant was not present in court at the ex parte hearing, the court did not proceed to determine the substantive merits of the application. Instead, the court directed that the application be properly served upon the respondents and set a date for inter partes hearing before another judge. The court recognized the applicant's contention that the order as issued may be unenforceable, but deferred substantive determination until all parties are heard.
Court Disposition
Application for review not determined; directions issued for service and inter partes hearing.
Orders
- The applicant to properly serve the application upon the respondent.
- Hearing of the application to take place before the Hon. Lady Justice Mbugua, ELC Judge, at Meru on 31.3.2020.
Full Case Text
Judgment text and source record
27 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT
AT CHUKA
MERU ELC APPEAL CASE NO. 227 OF 2013
JADIEL KIRONGO M’ITHIANO ........... APPLICANT
VERSUS
JULIUS GATOBU M’ITHIANO.....1ST RESPONDENT
JULIA MUGITO..............................2ND RESPONDENT
RULING
1. This application has been brought to court under Order 45 Rule 1, Order 51 Rule 1 of the Civil Procedure Rules, Sections 1A, 1B and 3A of the Civil Procedure Act and all other enabling provisions of the law.
2. The application seeks the following orders:-
1. That this honourable court be pleased to certify this application as urgent and be heard on priority basis.
2. That the honourable court be pleased to review its ruling dated on 3rd December, 2019 in particular paragraph 13 (d) by substituting Meru Land Registrar with Meru District Surveyor.
3. That the costs of this application be provided for.
3. The application is supported by the affidavit of Julia Mugito and has the following grounds:-
1. That order number 3 as was delivered in the ruling is unenforceable as it is.
2. That it is the District Surveyor who can do the subdivisions and not the Land Registrar.
3. That there is sufficient reason to warrant the court to interfere with its ruling.
4. When the matter came up for exparte hearing under a certificate of urgency, the applicant was not in court.
5. I issue the following orders:
a. The applicant to properly serve the application upon the respondent.
b. Hearing of the application to take place before the Hon. Lady Justice Mbugua, ELC Judge, at Meru on 31. 3.2020.
Delivered in open Court at Chuka this 4th day of March, 2020 in the presence of:
CA: Ndegwa
Applicant not in court.
P. M. NJOROGE,
JUDGE.