[2013] KEHC 1533 (KLR)
The court found that the stay and status quo orders issued in the earlier judicial review proceedings, which were subsequently withdrawn by consent, were preventing the enforcement of a valid judgment delivered in Kerugoya ELC No. 278 of 2013 in favour of the applicant. Since there was no evidence of any appeal...
Source-derived case information.
- Citation
- [2013] KEHC 1533 (KLR)
- Parties
- Applicant: Martin Munene Wangara; Respondent: The Chairman Mwea Land Disputes Tribunal & 2 Others
- Court
- High Court
- Court Station
- High Court at Kerugoya
- Jurisdiction
- Kenya
- Case Number
- Judicial Review 39 of 2013
- Procedural Posture
- Judicial Review / Ruling on Application to Lift Stay and Encumbrances
- Outcome
- Application granted; no order as to costs.
- Judges
- BN Olao
- Legal Topics
- Judicial Review Orders, Status Quo Orders, Land Title Encumbrances, Enforcement of Judgments
- 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
Martin Munene Wangara
Applicant
The Chairman Mwea Land Disputes Tribunal & 2 Others
Respondent
Procedural Posture
Judicial Review / Ruling on Application to Lift Stay and Encumbrances
Legal Issues
- 1 Whether the stay order and status quo regarding parcel No. MWEA/TEBERE/B/61 should be lifted to allow enforcement of judgment in Kerugoya ELC No. 278 of 2013.
- 2 Whether the Land Registrar should be ordered to lift all encumbrances over the subject land parcel.
Ratio Decidendi
The court found that the stay and status quo orders issued in the earlier judicial review proceedings, which were subsequently withdrawn by consent, were preventing the enforcement of a valid judgment delivered in Kerugoya ELC No. 278 of 2013 in favour of the applicant. Since there was no evidence of any appeal against that judgment and the application to lift the stay was unopposed, the court held that the continued existence of the stay order and encumbrances over the land was unjustified. The court therefore vacated the stay and directed the Land Registrar to lift all encumbrances to facilitate the implementation of the judgment.
Court Disposition
Application granted; no order as to costs.
Orders
- The orders of 23rd February 2007 granting stay and maintaining status quo over parcel No. MWEA/TEBERE/B/61 are lifted and vacated.
- The Land Registrar Kirinyaga is ordered to lift all encumbrances over land parcel No. MWEA/TEBERE/B/61.
Full Case Text
Judgment text and source record
29 paragraphs
REPUBLICOF KENYA
IN THE HIGH COURT OF KENYA AT KERUGOYA
JUDICIAL REVIEW NO. 39 OF 2013
MARTIN MUNENE WANGARA ............................................................................ APPLICANT
VERSUS
THE CHAIRMAN MWEA LAND DISPUTES TRIBUNAL & 2 OTHERS ........ DEFENDANTS
RULING
This is in respect to the applicant’s application dated 4th September 2013 seeking the following substantive prayers:-
Spent
That the orders of 23rd February 2007 to the effect that “leave was to operate as a stay of the award and the status quo regarding parcel No. MWEA/TEBERE/B/61 be maintained” be lifted and vacated
This Court do order the Land Registrar Kirinyaga to lift all encumbrances over land parcel No. MWEA/TEBERE/B/61
Costs be provided for.
The application was based on the grounds, inter alia, that the order for leave to operate as a stay and status quo over the land Mwea/Tebere/B/61 had been granted in a Judicial Review application formerly Nairobi High Court Misc Application No. 132 of 2007 which was later to become Embu High Court Misc Application No. 61 of 2010 which was withdrawn by consent and the parties proceeded in Kerugoya E.L.C Case No. 278 of 2013 in which judgment was entered in favour of the defendants (applicant herein) and that judgment cannot be implemented in view of the orders regarding status quo. The application was supported by the affidavit of Martin Munene Wangara and was not opposed.
I have considered the application and also looked at the record herein. It is clear that on 23rd February 2007 when Justice Wendoh granted leave in this Judicial Review application, she also directed that the leave do operate as a stay of the award and status quo regarding land No. MWEA/TEBERE/B/61. That Judicial Review application was withdrawn by the consent of the parties who elected to pursue their claims in Kerugoya ELC No. 278 of 2013 in which judgment was delivered on 26th August 2013 in favour of the defendants one of who is the applicant herein. The Court has not been informed if there has been any appeal preferred against that judgment and this application is un-opposed. Clearly, the judgment of this Court in KERUGOYA ELC No. 278 of 2013 cannot be enforced while the stay orders remain in place. It is also important that all encumbrances over the said land parcel No. MWEA/TEBERE/B/61 are lifted in order to facilitate the orders given in KERUGOYA ELC No. 278 of 2013.
I therefore find that the application dated 4th September 2013 is merited and I grant it with no order as to costs.
B.N. OLAO
JUDGE
28TH OCTOBER, 2013
28/10/2013
Coram
B.N. Olao – Judge
CC – Muriithi
Ms Thungu for Appellant present
No appearance for Respondent
COURT: Ruling delivered this 28th day of October 2013 in open Court
Ms Thungu for applicant present
B.N. OLAO
JUDGE
28TH OCTOBER, 2013