[2025] KEELC 5030 (KLR)

Khasievara & 170 others v Land Registrar Uasin Gishu County & another (Environment and Land Miscellaneous Application E040 of 2024) [2025] KEELC 5030 (KLR) (2 July 2025) (Ruling)

Neutral citation: [2025] KEELC 5030 (KLR)

Republic of Kenya

In the Environment and Land Court at Eldoret

Environment and Land Miscellaneous Application E040 of 2024

EM Washe, J

July 2, 2025

Between

Luka Khasievara & 170 others & 170 others & 170 others & 170 others

Applicant

and

Land Registrar Uasin Gishu County

1st Respondent

Clement Ooko Odhiambo

2nd Respondent

Ruling

1. The Applicants herein filed a Notice of Motion Application dated 05. 11. 2024 (hereinafter referred as “the present Application”) seeking the following Orders against the 1st and 2nd Respondents (hereinafter referred to as “the Respondents”); -a.The Application be certified urgent.b.The 2nd Respondent herein Clement Ooko Odhiambo to execute transfer documents and any other relevant document on behalf of the other deceased officials of Ishieywe Self Help Group being (Francis Juma Taabu, Hannington Ellyss Oriedo & Enock Khani Shirabera) in respect of parcels of land numbers Soy/Soy Block 10 (Navillus)/64, 69, 1637, 1648, 1658, 1668, 1675, 1681, 1682, 1684, 1694, 1709, 1711, 1713, 1714, 1718, 1720, 1721, 1722, 1726, 1748, 1749, 1752, 1753, 1774, 1776, 1785, 1792, 1794, 1796, 1803, 1804, 1807, 1809, 1812, 1815, 1820, 1822, 1823, 1824, 1840, 1844, 1847, 1849, 1850, 1855, 1866, 1873, 1875, 1877, 1881, 1882, 1884, 1897, 1898, 1901, 1920, 1989, 1990, 1991, 1992, 1996, 2011, 2085, 2086, 2100, 2108, 2111, 2139, 2390, 2393, 2394, 2401, 2410, 2412, 2414, 2416, 2418, 2419, 2422, 2425, 2464, 2466, 2467, 2469, 2470, 2473, 2480, 2481, 2482, 2483, 2486, 2488, 2493, 2495, 2496, 2498, 2505, 2507, 2512, 2513, 2514, 2517, 2519, 2521, 2522, 2525, 2527, 2528, 2529, 2531, 2532, 2533, 2535, 2544, 2548, 2550, 2563, 2564, 2566, 2569, 2571, 2572, 2573, 2576, 2578, 2580,2582, 2583, 2785, 2587, 2589, 2590, 2594, 2595, 2596, 2597, 2611, 2615, 2619, 2627, 2625, 2629, 2636 in favour of the applicants herein according to their specific parcels of land.c.Upon prayer (b) above being granted, the 1st Respondent to issue the Title Deeds to the Applicants to their respective Parcels of land upon payment of the requisite charges.d.Costs of this Application be in the cause.

2. The grounds upon which the above prayers are sought can be summarised as follows; -i.The Applicants herein are members of Ishieywe Self Help Group which was incorporated on or about 16. 10. 1996 with its registered officials being Francis Juma Taabu (deceased), Enock Khani Shirebera (Deceased) and Clement Ooko Odhiambo.ii.Upon registration of Ishieywe Elf Help Group, the members therein proceeded to purchase a number of properties with an intention of sub-dividing the same and settling their members.iii.The properties purchased by the members of Ishieywe Self Help Group are as follows; -LR.NO. Soy/Soy Block 10(Navillus)/35LR.NO.Soy/Soy Block 10(Navillus)/59LR.NO.Soy/Soy Block 10(Navillus)/62LR.NO.Soy/Soy Block 10(Navillus)/64LR.NO.Soy/Soy Block 10(Navillus)/65LR.NO.Soy/Soy Block 10(Navillus)/66LR.NO.Soy/Soy Block 10 (Navillus)/68LR.NO.Soy/Soy Block 10 (Navillus)/69LR.NO.Soy/Soy Block 10(Navillus)/70LR.NO.Soy/Soy Block 10(Navillus)/71LR.NO.Soy/Soy Block 10(Navillus)/72LR.NO.Soy/Soy Block 10(Navillus)/80LR.NO.Soy/Soy Block 10(Navillus)/818. iv.However, dispute the above properties being purchased for the benefit of the general membership of Ishieywe Self Help Group, the sub-divisions emanating thereof have never been transferred to the them by the officials.v.The Applicants therefore sought this Court to direct the 2nd Respondent to transfer the sub-divisions emanating from the above properties to their rightful owners and the 1st Respondent be directed to register the Transfers therein in favour of the various members of Ishieywen Self Help Group including but not limited to the Applicants herein.

3. The present Application was duly served on the Respondents and the 2nd Respondent filed a Replying Affidavit sworn on the 03. 12. 2024 pleading the following facts; -i.The 2nd Respondent admitted that he was one of the officials of Ishieywe Self Help Group which was registered on the 16. 10. 1996. ii.The 2nd Respondent further confirmed that upon registration of Ishieywe Self Help Group, the members therein acquired various portions of land as outlined in the present Application with an intention of sub-dividing the same for their personal benefit.iii.However, despite the various portions of land being acquired and sub-divided according to the occupation by the members of Ishieywe Self Help Group, he had been unable to transfer the sub-divisions due to the demise of the other Officials thereof.iv.The 2nd Respondent therefore supported the present Application for an Order that he be allowed to transfer the sub-divisions emanating from the various portions purchased on behalf of the members of Ishieywe Self Help Group to their rightful owners.

4. The present Application was listed for inter-parte hearing on the 11. 02. 2025 when the Court observed with the approval of the parties that the same can be settled amicably.

5. The Court observed that the only issue for determination was whether or not the 2nd Respondent would be allowed in law to transfer the sub-divisions emanating from the portions purchased by Ishieywe Self Help Group to its members despite the demise of the other officials.

6. The 2nd Respondent informed the Court that not all the portions purchased by Ishieywe Self Help Group had been registered using this name.

7. The 2nd Respondent disclosed to the Court that a number of the portions purchased by members of Ishieywe Self Help Group were in the joint names of the officials and not Ishieywe Self Help Group.

8. The 2nd Respondent further disclosed that the reason why some portions of land were registered in the names of the officials and not Ishieywe Self Help Group is because the Uasin Gishu District Social Development Office deregistered the group as it was undertaking activities which were ultra vires the objectives of a self-help group.

9. In essence, the 2nd Respondent sought the Court for an Order to allow him process and transfer the sub-divisions emanating from the portions registered either in the name of Ishieywe Self Help Group and/or joint names of the Officials to the rightful owners who are the members of Ishieywe Self Help Group.

10. Based on the above disclosure, the Court made a finding that the ownership of the portions of land purchased by members of Ishieywe Self Help Group were mainly two namely those registered in the name of Ishieywe Self Help Group and those registered in the joint names of the officials.

11. In an effort to resolve the issue of transfer of the sub-divisions, the Court elected to start with the portions that had been registered in the names of the Officials of Ishieywe Self Help Group.

12. One of the portions of land purchased by the members of Ishieywe Self Help Group and which was registered in the joint names of the officials was LR.NO.Soy/Soy Block 10 (Navillus)/818 which is what this Partial Ruling deals with.

13. The portion of land known as LR.NO.Soy/Soy Block 10 (Navillus)/818 was purchased in the year 1999 and registered in the names of the 2nd Respondent and Francis Juma Taabu(Deceased).

14. Thereafter, in the year 2011, the portion of land known as LR.NO.Soy/Soy Block 10 (Navillus)/818 was sub-divided and a Mutation creating the properties known as LR.NO.Soy/Soy Block 10 (Navillus)/2458 TO 2551 was registered.

15. Unfortunately, the person known as Francis Juma Taabu is now deceased and not available to execute the transfers to the members OF Ishieywe Self Help Group who have settled on these sub-divisions.

16. The first issue for determination is whether or not the law allows the 2nd Respondent to transfer the sib-divisions to the members of Ishieywe Self Help Group after the demised of the second registered owner known as Francis Juma Taabu (deceased).

17. The answer to this issue is found in the provisions of Section 91 of the Land Registration Act which reads:-Section 91: Meaning and incidents of co-tenancies1. In this Act, co-tenancy means the ownership of land by two or more persons and includes joint tenancy or tenancy in common.2. Except as otherwise provided in any written law, where the instrument of transfer of an interest of land to two or more persons does not specify the nature of their rights there shall be a presumption that they hold the interest as tenants in common in equal shares.3. An instrument made in favour of two or more persons and the registration giving effect to it shall show—a.whether those persons are joint tenants or tenants in common; andb.the share of each tenant, if they are tenants in common.4. If land is occupied jointly, no tenant is entitled to any separate share in the land and, consequently—a.dispositions may be made only by all the joint tenants;b.on the death of a joint tenant, that tenant’s interest shall vest in the surviving tenant or tenants jointly; and(c)each joint tenant may transfer their interest inter vivos to all the other tenants but to no other person, and any attempt to so transfer an interest to any other person shall be void.

18. Based on a simple reading of Section 91 of the Land Registration Act, No. 3 of 2012, there are two types of tenancies namely tenancy in common and joint tenancies.

19. The distinction between a Tenancy in Common and a Joint Tenancy was discussed in the case of Isabel Chelangat-versus- Samuel Tiro Rotich & 5 Others (2012) eKLR where the Court stated as follows;-“A joint tenancy imparts to the joint owners, with respect to all other persons than themselves, the properties of one single owner. Although as between themselves joint tenants have separate rights, as against everyone else they are in the position of a single owner.Joint tenancy carries with it the right of survivorship and “four unities”. The right of survivorship (jus accrescendi) means that when one joint owner dies, his interest in the land passes on to the surviving joint tenant.A joint tenancy cannot pass under will or intestacy of a joint tenant so long as there is a surviving joint tenant as the right of survivorship takes precedence. The four unities that must be present in a joint tenancy are(i)The unity of possession.(ii)The unity of interest.(iii)The unity of title.(iv)The unity of time.On unity of possession, each co-owner is entitled to possession of any part of the land as the other/s. One co-owner cannot point to any part of the land as his own to the exclusion of the other/s. If he could, then this would be separate ownership and not co-ownership.No one co-owner has a better right to the property than the other/s, so that an action for trespass cannot lie against another co-owner. Unity of interest means that the interest of each joint tenant is the same in extent, nature and duration, for in theory of law, they hold just one estate.Unity of title means that each joint tenant must claim his title to the land under the same act or document. This is satisfied by having the joint tenants acquiring their rights by the same conveyance and being so registered as joint tenants. Unity of time means that the interest of each tenant must vest at the same time.Tenancy in common on the other hand is different from joint tenancy. In a tenancy in common, the two or more holders hold the property in equal undivided shares.Each tenant has a distinct share in the property which has not yet been divided among the co-tenants. In other words they have separate interests only that it remains undivided and they hold the interest together.The largest factor that distinguishes a joint tenancy from a tenancy in common is the absence of the doctrine of survivorship in the latter. The share of one tenant is not affected by the death of one of the co-owners.The share of the deceased, devolves not to the other co-owner, but to the estate of the deceased co-owner. Although the four unities required for a joint-tenancy may be present, only one, the unity of possession is essential.”

20. According to the Mutation of the property known as LR.NO.Soy/Soy Block 10 (Navillus)/818, the names of the 2nd Respondent and the late Francis Juma Taabu were recorded as the proprietors without an indication as to the nature of their tenancy and/or ownership.

21. In the case of Mukazitoni Josephine-versus- The Attorney General (2015) eKLR where the Court of Appeal observed as follows; -“We have considered the appellant’s contention and the learned judge’s finding. The title document to the property has two names and this is concurrent ownership.There is no indication as to whether the property is held on a tenancy-in-common or joint tenancy or tenancy in entirety.When a property is registered in more than one name, in the absence of a contrary entry in the register, the property is deemed to be held in joint tenancy and not tenancy-in-common or tenancy in entirety.A tenancy in common or tenancy in entirety means that the interest of each registered owner is determinable and severable; in a joint tenancy, the interest of each owner is indeterminable, each owns all and nothing.A joint tenancy cannot be severed unless one of the four unities of title, time, possession or interest is broken.A joint tenant has the right to the entire property or none – since the other joint tenant also has a right to the entire property.This is expressed in latin as totem tenet et nihit tenet, a joint tenant holds everything and nothing (see Re Foley (deceased) Public Trustee -v- Foley & Another (1955) NZLR 702). In Stack -v- Dowden (2007) UKHL 17, the House of Lords expressed itself as follows: “The starting point where there is sole legal ownership (a sole name case) is sole beneficial ownership.The starting point where there is joint legal ownership (a joint name case) is joint beneficial ownership. The onus is upon the person who seeks to show that the beneficial ownership differs from legal ownership. The onus of rebutting the presumption is heavier in joint name cases. The amount of interest (s) would be declared on evidence.”

22. In essence, this Court hereby makes a finding that the property known as LR.NO.Soy/Soy Block 10/818 was Jointly owned by the 2nd Respondent and the late Francis Juma Taabu (deceased).

23. Consequently, upon the demise of the second owner Francis Juma Taabu (deceased), the ownership of the property LR.NO.Soy/Soy Block 10 (Navillus)/818 became the property of the surviving owner known as Clement Ooko Odhiambo as the remaining registered owner of the said property.

24. In addition to the foregoing, the 2nd Respondent consented both in his Replying Affidavit dated 03. 12. 2024 as well as in the proceedings undertaken on the 12. 03. 2025, 30. 04. 2025 and 03. 06. 2025 to transfer the following sub-divisions to the various members of Ishieywe Self Help Group in the following manner; -Soy/Soy Block 10(navillus)/2458- Cliffe Levi AmekaSoy/Soy Block 10 (navillus)/2465- Halford Shihuma MumasiSoy/Soy Block 10 (navillus)/2467-grace Nelina SitumaSoy/Soy Block 10(navillus)/2468- Henry Okelyo AtanbaSoy/Soy Block 10 (navillus)/2469- Marolyne Sungu MumasiSoy/Soy Block 10 (navillus)/2470- Evans Chengo KabidiSoy/Soy Block 10 (navillus)/2473- Pauline Nafula MasiboSoy/Soy Block 10 (navillus)/2475- Patrick Mugatsia KirakaSoy/Soy Block 10 (navillus)/2478- Emma LutenyiSoy/Soy Block 10 (navillus)/2480- Jane Mumbi MachariaSoy/Soy Block 10 (navillus)/2481- Wanjiku Nganga & Zuberi OmarSoy/Soy Block 10 (navillus)/2482- Lillian Kahadi OkelloSoy/Soy Block 10 (navillus)/2483- Charles Shikuku ChemukuSoy/Soy Block 10 (navillus)/2484- Flora Shitonyanga MiriSoy/Soy Block 10 (navillus)/2488- Lugario Benson MutoleSoy/Soy Block 10 (navillus)/2490- Elizaphan Motende NyakoraSoy/Soy Block 10 (navillus)/2491- Karony Kirwa SilasSoy/Soy Block 10 (navillus)/2492- Hadson Nashiri & Florence Khaayere LuyanjeSoy/Soy Block 10 (navillus)/2493- Floice Nyawara Opondo &dina Mbone MutangeSoy/Soy Block 10 (navillus)/2495- Joseph Mcsuper Kizili NdusuSoy/Soy Block 10 (navillus)/2497- Robinson ButubaSoy/Soy Block 10 (navillus)/2498- Robert Omuhilda OkelyoSoy/Soy Block 10(navillus)/2499- Mildred Lukas LudisiSoy/Soy Block 10 (navillus)/2501- Julious Wanjala WawireSoy/Soy Block 10 (navillus)/2508- Samuel BarasaSoy/Soy Block 10 (navillus)/2511- Willy Kiplagat Kemboi & Benson IniongoSoy/Soy Block 10 (navillus)/2512- Daniel Ferry MukogwaSoy/Soy Block 10 (navillus)/2513- Susan KanisaSoy/Soy Block 10 (navillus)/2514- Peter Akhaya IndandeSoy/Soy Block 10 (navillus)/2515- Joshua IndecheSoy/Soy Block 10 (navillus)/2517- Sheila Jepchumba CheruiyotSoy/Soy Block 10 (navillus)/2520- Aggrey Agengo Onzere & Grace Lopua Naro & Florence Nyawara OdongoSoy/Soy Block 10 (navillus)/2522- Jemina Aleyo MuzaneSoy/Soy Block 10 (navillus)/2523- Oscar Mugodo Igadwa Adagala & Robai Nanyama ManunuSoy/Soy Block 10 (navillus)/2524- Andrew Isiaho NgairaSoy/Soy Block 10 (navillus)/2525- Zablon Mandere OnchiekuSoy/Soy Block 10 (navillus)/2527- Jackson MberesiaSoy/Soy Block 10 (navillus)/2528- Philomen MalobaSoy/Soy Block 10 (navillus)/2529- Rueben LwakaSoy/Soy Block 10 (navillus)/2530- Janet MukwanaSoy/Soy Block 10 (navillus)/2531-paul Ochango OmusiSoy/Soy Block 10 (navillus)/2532- John Juma OdangaSoy/Soy Block 10 (navillus)/2533- Isaac Mbae Kuya &phillip Omutanyi AmbundoSoy/Soy Block 10 (navillus)/2534- Francis Elahuya AtinoSoy/Soy Block 10 (navillus)/2536- Johnstone Mukabwa IlyanzaSoy/Soy Block 10 (navillus)/2537- Bethel P.a.g ChurchSoy/Soy Block 10 (navillus)/2539- Samson Nasheti Amulavu & Peter Akhaya IndandeSoy/Soy Block 10 (navillus)/2542- Jonathan Induri ShitiavaiSoy/Soy Block 10 (navillus)/2543- Ruth Muhonja IsalanoSoy/Soy Block 10 (navillus)/2544- Bernard Injairo MatanyieSoy/Soy Block 10 (navillus)/2545- Fred Mukono Mwashi & Philis Atieno AmbundoSoy/Soy Block 10 (navillus)/2446- Elizabeth Mbone SivaSoy/Soy Block 10 (navillus)/2548- Amossy Oluchili EsilabaSoy/Soy Block 10 (navillus)/2549- Evaline Achitsa LukaliaSoy/Soy Block 10 (navillus)/2550- Irene Atsieno OmondiSoy/Soy Block 10 (Navillis)/2551- Martha Ngaira Ayenza & Ettah Agufa.

25. Based on consent of the 2nd Respondent herein, this Court hereby makes a finding that the persons outlined hereinabove are lawful beneficiaries of the sub-divisions emanating from the property known as LR.NO.Soy/Soy Block 10 (Navillus)/818 as contained in the Registered Mutation.

Conclusion 26. In conclusion, this Court hereby makes the following Orders as regards the portion of land known of land known as LR.NO.Soy/Soy Block 10 (Navillus)/818; -A.The county land registrar, uasin gishu county be and is hereby directed to register the death of one Francis Juma Taabu on the green card of the original property known as lr.no.Soy/Soy Block 10 (Navillus)/818 and all the resultant sub-division therein namely Soy/Soy Block 10 (Navillus)/2458 to 2551. B.The county land registrar, uasin gishu county be and is hereby directed to delete the name of the person known as Francis Juma Taabu (deceased) on the greed card of the originial property known as lr.no.Soy/Soy Block 10 (Navillus)/818 as well as the resultants sub-divisions therein namely Soy/Soy Block 10 (Navillus)/2458 to 2551 and retain the name of the 2 nd respondent clement ooko odhiambo as the lawful registered owner of the original property known as Soy/Soy Block 10 (Navillus)/881 and the resultant sub-divisions namely Soy/Soy Block 10 (Navillus)/2458 to 2551. C.The 2 nd respondent be and is hereby directed to transfer the following sub-divisions to the persons indicated upon preparing and obtaining the relevant land control board consents; -Soy/Soy Block 10(navillus)/2458- Cliffe Levi AmekaSoy/Soy Block 10 (navillus)/2465- Halford Shihuma MumasiSoy/Soy Block 10 (navillus)/2467-grace Nelina SitumaSoy/Soy Block 10(navillus)/2468- Henry Okelyo AtanbaSoy/Soy Block 10 (navillus)/2469- Marolyne Sungu MumasiSoy/Soy Block 10 (navillus)/2470- Evans Chengo KabidiSoy/Soy Block 10 (navillus)/2473- Pauline Nafula MasiboSoy/Soy Block 10 (navillus)/2475- Patrick Mugatsia KirakaSoy/Soy Block 10 (navillus)/2478- Emma LutenyiSoy/Soy Block 10 (navillus)/2480- Jane Mumbi MachariaSoy/Soy Block 10 (navillus)/2481- Wanjiku Nganga & Zuberi OmarSoy/Soy Block 10 (navillus)/2482- Lillian Kahadi OkelloSoy/Soy Block 10 (navillus)/2483- Charles Shikuku ChemukuSoy/Soy Block 10 (navillus)/2484- Flora Shitonyanga MiriSoy/Soy Block 10 (navillus)/2488- Lugario Benson MutoleSoy/Soy Block 10 (navillus)/2490- Elizaphan Motende NyakoraSoy/Soy Block 10 (navillus)/2491- Karony Kirwa SilasSoy/Soy Block 10 (navillus)/2492- Hadson Nashiri & Florence Khaayere LuyanjeSoy/Soy Block 10 (navillus)/2493- Floice Nyawara Opondo &dina Mbone MutangeSoy/Soy Block 10 (navillus)/2495- Joseph Mcsuper Kizili NdusuSoy/Soy Block 10 (navillus)/2497- Robinson ButubaSoy/Soy Block 10 (navillus)/2498- Robert Omuhilda OkelyoSoy/Soy Block 10(navillus)/2499- Mildred Lukas LudisiSoy/Soy Block 10 (navillus)/2501- Julious Wanjala WawireSoy/Soy Block 10 (navillus)/2508- Samuel BarasaSoy/Soy Block 10 (navillus)/2512- Daniel Ferry MukogwaSoy/Soy Block 10 (navillus)/2513- Susan KanisaSoy/Soy Block 10 (navillus)/2514- Peter Akhaya IndandeSoy/Soy Block 10 (navillus)/2515- Joshua IndecheSoy/Soy Block 10 (navillus)/2517- Sheila Jepchumba CheruiyotSoy/Soy Block 10 (navillus)/2520- Aggrey Agengo Onzere & Grace Lopua Naro & Florence Nyawara OdongoSoy/Soy Block 10 (navillus)/2522- Jemina Aleyo MuzaneSoy/Soy Block 10 (navillus)/2523- Oscar Mugodo Igadwa Adagala & Robai Nanyama ManunuSoy/Soy Block 10 (navillus)/2524- Andrew Isiaho NgairaSoy/Soy Block 10 (navillus)/2525- Zablon Mandere OnchiekuSoy/Soy Block 10 (navillus)/2527- Jackson MberesiaSoy/Soy Block 10 (navillus)/2528- Philomen MalobaSoy/Soy Block 10 (navillus)/2529- Rueben LwakaSoy/Soy Block 10 (navillus)/2530- Janet MukwanaSoy/Soy Block 10 (navillus)/2531-paul Ochango OmusiSoy/Soy Block 10 (navillus)/2532- John Juma OdangaSoy/Soy Block 10 (navillus)/2533- Isaac Mbae Kuya &phillip Omutanyi AmbundoSoy/Soy Block 10 (navillus)/2534- Francis Elahuya AtinoSoy/Soy Block 10 (navillus)/2536- Johnstone Mukabwa IlyanzaSoy/Soy Block 10 (navillus)/2537- Bethel P.a.g ChurchSoy/Soy Block 10 (navillus)/2539- Samson Nasheti Amulavu & Peter Akhaya IndandeSoy/Soy Block 10 (navillus)/2542- Jonathan Induri ShitiavaiSoy/Soy Block 10 (navillus)/2543- Ruth Muhonja IsalanoSoy/Soy Block 10 (navillus)/2544- Bernard Injairo MatanyieSoy/Soy Block 10 (navillus)/2545- Fred Mukono Mwashi & Philis Atieno AmbundoSoy/Soy Block 10 (navillus)/2546- Elizabeth Mbone SivaSoy/Soy Block 10 (navillus)/2548- Amossy Oluchili EsilabaSoy/Soy Block 10 (navillus)/2549- Evaline Achitsa LukaliaSoy/Soy Block 10 (navillus)/2550- Irene Atsieno OmondiSoy/Soy Block 10 (Navillis)/2551- Martha Ngaira Ayenza & Ettah Agufa.

DATED, SIGNED & DELIVERED VIRTUALLY AT ELDORET ELC THIS 2 ND DAY OF JULY 2025. EMMANUEL.M. WASHEJUDGEIn The Presence Of:Court Assistant: BrianPlaintiff: Mr. Oduor for the ApplicantDefendant: Ms. Oduor for the 2nd RespondentN/A for 1st Respondent