[2017] KEHC 5945 (KLR)
The court found that the revocation of the title to Parcel Number Mainland North 1/2401 by Gazette Notice Number 15570 of 26th November 2010 effectively extinguished the subject matter of the suit. As there was no legal challenge to the revocation, the suit was deemed compromised. The court accepted the applicant's...
Source-derived case information.
- Citation
- [2017] KEHC 5945 (KLR)
- Parties
- Applicant: Kenya Anti-Corruption Commission; Respondent: Wince Investments Ltd; Respondent: Sammy Silas Komen Mwaita
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Civil Suit 171 of 2009
- Procedural Posture
- Civil Suit / Ruling on Application to Compromise Suit Due to Revocation of Title
- Outcome
- Application allowed; suit compromised by revocation of title; each party to bear own costs.
- Judges
- LC Komingoi
- Legal Topics
- Compromise of Suit, Revocation of Title, Gazette Notice Effect, Costs Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Kenya Anti-Corruption Commission
Applicant
Wince Investments Ltd
Respondent
Sammy Silas Komen Mwaita
Respondent
Procedural Posture
Civil Suit / Ruling on Application to Compromise Suit Due to Revocation of Title
Legal Issues
- 1 Whether the suit has been compromised by the revocation of title to Parcel Number Mainland North 1/2401 as published in Gazette Notice Number 15570 of 26th November 2010.
- 2 Whether judgment should be entered against the defendants in terms of the plaint following the revocation.
- 3 Who should bear the costs of the application and the suit.
Ratio Decidendi
The court found that the revocation of the title to Parcel Number Mainland North 1/2401 by Gazette Notice Number 15570 of 26th November 2010 effectively extinguished the subject matter of the suit. As there was no legal challenge to the revocation, the suit was deemed compromised. The court accepted the applicant's explanation for the delay in filing the application and found the application merited. Consequently, the court allowed the application as prayed and ordered that each party bear their own costs.
Court Disposition
Application allowed; suit compromised by revocation of title; each party to bear own costs.
Orders
- The suit is hereby compromised by the Revocation Notice in Kenya Gazette Number 15570 of 26th November 2010.
- The application dated 17th March 2010 is allowed as prayed.
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MOMBASA
CIVIL SUIT NO.171 OF 2009
KENYA ANTI-CORRUPTION COMMISSION…….. PLAINTIFF/APPLICANT
-VS-
1. WINCE INVESTMENTS LTD……….…1ST DEFENDANT/RESPONDENT
2. SAMMY SILAS KOMEN MWAITA……..2ND DEFENDAT/RESPONDENT
RULING
This is the application dated 17th March 2007 brought under Order 25 Rules 5 (1) (2) and Order 51 Rule (1) of the Civil Procedure Rules. It seeks orders that:
1. The Honourable Court do deem fit to order that the suit therein has been compromised and/or overtaken by events consequent to the revocation of title to Parcel Number Mainland North 1/2401 vide Gazette Notice Number 15570 of 26th November 2010.
2. Subject to paragraph (1) herein above that judgment be entered against the Defendants/Respondents in terms of the plaint.
3. Each party to the suit herein to bear the costs of the application and the entire suit.
It is based on the ground that during the pendency of the suit the title to Mainland North 1/2401 in Mombasa County was revoked vide gazette Notice Number 15570 published in the special issue of 26th November 2010.
The application is supported by an affidavit sworn by Koskey Robert Kimutai Bii advocated for the plaintiff.
The advocate has explained the delay in filing this application and I find the explanation reasonable. They have also annexed the authority.
KENYA ANTI-CORRUPTION COMMISSION
VS
SUCCO ENTERPRISED AND 2 OTHERS
MOMBASA ELC CASE NO.272 OF 2007.
I have considered the application and find the same to be merited. Accordingly I order that the suit is hereby compromised by the Revocation Notice in the Kenya Gazette Number 15570 of 26th November 2010 and there being no challenge of the same as is required by law the application dated 17th March 2010 is allowed as prayed. Each party shall bear their own cost.
L. KOMINGOI
JUDGE
Ruling dated and delivered in open court on the 31st day of March 2017 in the absence of the parties duly informed.
L. KOMINGOI
JUDGE