[2019] KEELC 57 (KLR)
The court found that the applicants failed to provide evidence, such as mutation forms or maps, to establish that land parcel Cis Mara/Ilmashariani Morijo/1230 was a sub-division of Cis Mara/Ilmashariani Morijo/48, the subject of the main suit. Furthermore, the applicants did not demonstrate any legal or equitable...
Source-derived case information.
- Citation
- [2019] KEELC 57 (KLR)
- Parties
- Plaintiff: Merin Ole Tuyoto & 124 Others; Defendant: The Chairman Limanet Group Ranch Committee; Defendant: District Land Registrar; Defendant: The Hon. Attorney General; Defendant: Danson Rikana Sanoe
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Narok
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 246 of 2017
- Procedural Posture
- Stay Application / Ruling on Interlocutory Application for Stay of Proceedings
- Outcome
- application dismissed with costs
- Judges
- MN Kullow
- Legal Topics
- Stay of Proceedings, Status Quo Orders, Land Title Disputes, Injunctive Relief
- 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
Merin Ole Tuyoto & 124 Others
Plaintiff
The Chairman Limanet Group Ranch Committee
Defendant
District Land Registrar
Defendant
The Hon. Attorney General
Defendant
Danson Rikana Sanoe
Defendant
Procedural Posture
Stay Application / Ruling on Interlocutory Application for Stay of Proceedings
Legal Issues
- 1 Whether the applicants have demonstrated sufficient grounds for stay of proceedings in Narok Magistrate’s Court ELC No. 123 of 2019 pending determination of the present suit.
- 2 Whether the applicants have established a legal or equitable interest in land parcel Cis Mara/Ilmashariani Morijo/1230 to warrant the orders sought.
Ratio Decidendi
The court found that the applicants failed to provide evidence, such as mutation forms or maps, to establish that land parcel Cis Mara/Ilmashariani Morijo/1230 was a sub-division of Cis Mara/Ilmashariani Morijo/48, the subject of the main suit. Furthermore, the applicants did not demonstrate any legal or equitable interest in the disputed parcel. In the absence of such evidence and interest, the court held that the applicants had not met the threshold for the grant of stay of proceedings or status quo orders. The application was therefore found to be without merit and dismissed with costs.
Court Disposition
application dismissed with costs
Orders
- The application dated 22nd October, 2019 is dismissed with costs to the respondents.
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT NAROK
ELC CAUSE NO. 246 OF 2017
FORMERLY NAKURU HCC NO. 219 OF 2011
MERIN OLE TUYOTO & 124 OTHERS..................PLAINTIFFS
-VERSUS-
THE CHAIRMAN LIMANET GROUP
RANCH COMMITTEE.......................................1ST DEFENDANT
DISTRICT LAND REGISTRAR.......................2ND DEFENDANT
THE HON. ATTORNEY GENERAL................3RD DEFENDANT
DANSON RIKANA SANOE..............................4TH DEFENDANT
RULING
By a Notice of Motion dated 22nd October, 2019 and brought under sections 3, 3A and 6 of the Civil Procedure Act and order 51 of the Civil Procedure Rules 2010 the Plaintiffs/Applicants have sought for orders that there be a stay of proceedings in Narok Magistrate’s Court ELC No. 123 of 2019 and that pending the hearing and determination of this suit that is, Narok ELC 246 of 2017, there be an order of status quo in respect to the land parcel No. Cis Mara/Ilmashariani Morijo/1230. The Application is based on the grounds that the Plaintiffs in Narok Magistrate’s Court ELC No. 123 of 2019 are seeking orders of injunction against the Defendants from trespassing on the Land parcel/Cis Mara/Ilmashariani Morijo/1230 which land arose from the sub-division of land parcel Cis Mara/Ilmashariani/Morijo 48 and that unless it is stayed the Applicants will suffer irreparable loss. The application was further supported by the Affidavit of one Merin Ole Tuyoto.
The Application was opposed by the interested party who is the Plaintiff in Narok Chief Magistrate Court ELC Civil Suit No. 123 of 2019. The interested party contends that he is the registered proprietor of land parcel Cis Mara/Ilmashariani Morijo/1230 and that the said parcel of land is not subject to litigations in the suit before the High Court now that he joined the said suit.
I have read the application before me and the submissions filed by counsel on the same. I must point out that the instant application is one that was filed after the conclusion of a long time consuming and protractedhearing and the substantive suit was awaiting judgment. The Applicants are seeking the court’s discretion to stay the proceedings of the lower court pending the determination of the substantive suit before the High Court. The Applicants are relying on the fact that the suit before the lower court relates to land parcel Cis Mara/Ilmashariani Morijo/1230 which they contend arose out of the sub-division of land parcel Cis Mara/Ilmashariani Morijo/48. However, from the pleadings and the affidavit in support I have not found any evidence to show either by way of mutations forms or maps that indeed the same was a sub-division of the subject land in the instant suit. Further to the above the Applicants have not demonstrated to the court the interest they have in the matter and from the above reasons, I find that the application is not merited and I thus dismiss the same with costs.
DATED, SIGNED and DELIVERED in open court at NAROK on this 16TH day of DECEMBER, 2019
Mohammed Kullow
Judge
16/12/19
In the presence of: -
CA:Chuma/Kimiriny
Mr Langat holding brief for Kambo for the plaintiff
N/A for the respondents
Mohammed Kullow
Judge
16/12/19