[2017] KEHC 5178 (KLR)
The court found that it was not clear from the record whether both applications (dated 16th September 2015 and 17th April 2015) were to be heard together or separately. Given the lack of clarity and the absence of a definitive record or agreement from the parties, the court determined that it would be improper to...
Source-derived case information.
- Citation
- [2017] KEHC 5178 (KLR)
- Parties
- Applicant: Julius Kiambati M’Mbura; Respondent: Bernard Kirimi Thirunga; Respondent: The Land Adj. Settlement Officer, Tigani West District; Respondent: Hon. Attorney General
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Application 22 of 2015
- Procedural Posture
- Miscellaneous Application / Ruling on Directions Regarding Pending Applications
- Outcome
- directions issued; substantive hearing deferred
- Judges
- LN Mbugua
- Legal Topics
- Adjournment of Applications, Land Adjudication Process
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Julius Kiambati M’Mbura
Applicant
Bernard Kirimi Thirunga
Respondent
The Land Adj. Settlement Officer, Tigani West District
Respondent
Hon. Attorney General
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Directions Regarding Pending Applications
Legal Issues
- 1 Whether the court should proceed to hear both applications filed on 16th September 2015 and 17th April 2015 together or separately.
- 2 Whether sufficient information has been provided by the parties regarding the handling of the two applications.
Ratio Decidendi
The court found that it was not clear from the record whether both applications (dated 16th September 2015 and 17th April 2015) were to be heard together or separately. Given the lack of clarity and the absence of a definitive record or agreement from the parties, the court determined that it would be improper to proceed without further directions. The court therefore deferred substantive consideration of the applications and directed that further information be provided by the parties regarding the handling of the applications before any further steps are taken.
Court Disposition
directions issued; substantive hearing deferred
Orders
- Parties to avail further information on how the applications dated 16th September 2015 and 17th April 2015 are to be handled.
- Further directions to be given after parties provide the required information.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
MISC. CIVIL APP. NO. 22 OF 2015
JULIUS KIAMBATI M’MBURA…....................................APPLICANT
VERSUS
BERNARD KIRIMI THIRUNGA..……………….. 1st RESPONDENT
THE LAND ADJ. SETTLMENT OFFICER,
TIGANI WEST DISTRICT…………………........2ND RESPONDENT
HON. ATTORNEY GENERAL………............…..3RD RESPONDENT
RULING
This court handled the matter for the first time on 6th April, 2017. Present on that day was Miss Njenga holding brief for Mwanzia for Applicant, and Muthomi holding brief for Murango Mwenda for 1st Respondent. There was no appearance for 2nd and 3rd Respondent. Miss Njenga had informed the court that the matter was coming for hearing of the application of 17th April, 2015, whereby submissions had been filed for applicant and 1st Respondent
I have perused the Submissions on record whereby for Applicant, he has filed two separate set of Submissions for the application of 16:09:15 and that of 17:04:15. For the 1st Respondent Submissions are combined ( for the two applications). I am unable to discern the record of the court on whether the court is to deal with the two applications at the same time. in the circumstances, the court will give further directions on the matter after the parties avail more information on how the application were to be handled.
DELIVERED, DATED AND SIGNED AT MERU THIS 31ST DAY OF MAY, 2017 IN THE PRESENCE OF:
CA: Janet
Njenga for Applicant present
Murango Mwenda for 1st Respondent Present
Antony General for 3rd Respondent present
HON. L. N. MBUGUA
JUDGE