[2022] KEELC 3267 (KLR)
The court held that, according to Order 49 Rule 5 and Rule 7(b)(x) of the Civil Procedure Rules, the Deputy Registrar has jurisdiction to deal with applications for approval of statements of account and notifications of sale under Order 22, Rule 68, provided there is no objection to the proceedings. Since the...
Source-derived case information.
- Citation
- [2022] KEELC 3267 (KLR)
- Parties
- Plaintiff: Mwaura Karuga; Defendant: Embakasi Ranching Company Limited; Defendant: Land Registrar; Defendant: Attorney General
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Kajiado
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 74 of 2017
- Procedural Posture
- Environment and Land Case / Ruling on Application for Approval of Statement of Account and Notification of Sale
- Outcome
- Application to be dealt with by the Deputy Registrar as per the Civil Procedure Rules.
- Judges
- MN Gicheru
- Legal Topics
- Execution of Decree, Attachment and Sale of Property, Jurisdiction of Registrar, Notification of Sale
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mwaura Karuga
Plaintiff
Embakasi Ranching Company Limited
Defendant
Land Registrar
Defendant
Attorney General
Defendant
Procedural Posture
Environment and Land Case / Ruling on Application for Approval of Statement of Account and Notification of Sale
Legal Issues
- 1 Whether the court or the Deputy Registrar has jurisdiction to deal with the application for approval of statement of account and notification of sale under Order 22, Rule 68 of the Civil Procedure Rules.
Ratio Decidendi
The court held that, according to Order 49 Rule 5 and Rule 7(b)(x) of the Civil Procedure Rules, the Deputy Registrar has jurisdiction to deal with applications for approval of statements of account and notifications of sale under Order 22, Rule 68, provided there is no objection to the proceedings. Since the application was not objected to, the matter should be dealt with by the Deputy Registrar, not the judge. The court therefore directed that the application be placed before the Deputy Registrar for determination.
Court Disposition
Application to be dealt with by the Deputy Registrar as per the Civil Procedure Rules.
Orders
- The application dated March 6, 2020 is to be dealt with by the Deputy Registrar.
Full Case Text
Judgment text and source record
24 paragraphs
Karuga v Embakasi Ranching Company Limited & 2 others (Environment & Land Case 74 of 2017) [2022] KEELC 3267 (KLR) (31 May 2022) (Ruling)
Neutral citation: [2022] KEELC 3267 (KLR)
Republic of Kenya
In the Environment and Land Court at Kajiado
Environment & Land Case 74 of 2017
M N Gicheru, J
May 31, 2022
Between
Mwaura Karuga
Plaintiff
and
Embakasi Ranching Company Limited
1st Defendant
Land Registrar
2nd Defendant
Attorney General
3rd Defendant
Ruling
1. The counsel for the decree holder/applicant filed a statement of account dated March 6, 2020 which he wishes this Court to approve.Attached to the statement of account is a notification of sale issued under Order 22, Rule 68 of the Civil Procedure Rules.
2. When the Application came up for hearing on 7/3/2022, Mr. Kerongo for the decree holder urged that it is this Court, and not the Deputy Registrar with jurisdiction to deal with an application such as this.
3. Order 49 Rule 5 of the Civil Procedure Rules provides as follows;“Formal orders for attachment and sale of property and for issue of notices to show cause on applications for arrest and imprisonment in execution of a decree of the High Court may be made by the registrar or, in a Subordinate Court, by an executive officer generally or specially thereunto empowered by the Chief Justice by writing under his hand, but in the event of any objection being taken to the proceedings thereunder, all further proceedings shall be before a judge.”
4. Again, under Order 49 Rule 7 (b) (x) it is provided as follows; I.The Registrar may –b.hear and determine an application made under the following orders and rules-(x)Order 22 other than under Rules 28, and 75.
5)From the above provisions of law, it is clear that the application dated March 6, 2020 should be dealt with by the Deputy Registrar because it is not objected to.I so direct.
DATED SIGNED AND DELIVERED VIRTUALLY AT KAJIADO THIS 31STDAY OF MAY, 2022. M.N. GICHERUJUDGE