[2022] KEELC 1742 (KLR)
The court deferred the determination of both the Plaintiff's application for adoption of the Land Registrar's report and the 1st Defendant's application to strike out the suit, on the basis that the Land Registrar's report allegedly filed on 6.11.2020 could not be traced in either the physical or digital court...
Source-derived case information.
- Citation
- [2022] KEELC 1742 (KLR)
- Parties
- Plaintiff: Kanorero River Farm Limited; Defendant: National Government Constituencies Development Fund Board; Defendant: The Dagoretti North NG-CDF Committee; Defendant: Emcopek Limited
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 460 of 2018
- Procedural Posture
- Land and Property Suit / Ruling on Interlocutory Applications; Determination Deferred
- Outcome
- Determination of both applications deferred pending availability of the Land Registrar's report.
- Judges
- LN Mbugua
- Legal Topics
- Adoption of Registrar Report, Striking Out Suit, Interlocutory Applications
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kanorero River Farm Limited
Plaintiff
National Government Constituencies Development Fund Board
Defendant
The Dagoretti North NG-CDF Committee
Defendant
Emcopek Limited
Defendant
Procedural Posture
Land and Property Suit / Ruling on Interlocutory Applications; Determination Deferred
Legal Issues
- 1 Whether the Land Registrar's report filed on 6.11.2020 is available for adoption by the court.
- 2 Whether the suit against the 1st Defendant should be struck out in the absence of the Land Registrar's report.
Ratio Decidendi
The court deferred the determination of both the Plaintiff's application for adoption of the Land Registrar's report and the 1st Defendant's application to strike out the suit, on the basis that the Land Registrar's report allegedly filed on 6.11.2020 could not be traced in either the physical or digital court files. The absence of this crucial document precluded the court from making a substantive ruling on either application. The court directed that the applications would be determined once the report is availed.
Court Disposition
Determination of both applications deferred pending availability of the Land Registrar's report.
Orders
- Determination of the Plaintiff's application dated 16.3.2021 is deferred.
- Determination of the 1st Defendant's application dated 26.2.2021 is deferred.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT NAIROBI
ELC CASE NO. 460 OF 2018
KANORERO RIVER FARM LIMITED......................PLAINTIFF
VERSUS
NATIONAL GOVERNMENT CONSTITUENCIES
DEVELOMENT FUND BOARD.........................1ST DEFENDANT
THE DAGORETTI NORTH
NG-CDF COMMITTEE.....................................2ND DEFENDANT
EMCOPEK LIMITED......................................3RD DEFENDANT
RULING
1. There are two application pending for determination. One is dated 16. 3. 2021 filed by Plaintiff seeking adoption of the Land Registrar’s report. The other is dated 26. 2.2021 filed by 1st Defendant seeking to strike out the suit against them. This court was to deliver a ruling on both applications on 2. 2.2012. I have perused both Physical and the digital files, and I cannot trace the land Registrar’s Report allegedly filed on 6. 11. 2020.
2. The determination of the two application is hence deferred for the report to be availed.
DATED, SIGNED AND DELIVERED AT NAIROBI THIS 2ND DAY OF FEBRUARY, 2022 THROUGH MICROSOFT TEAMS.
LUCY N. MBUGUA
JUDGE
In the presence of:-
Okeyo for the Plaintiff
Manayi holding brief for Omwenga for the 1st Defendant
Court Assistant: Eddel Barasa