[2018] KEELC 2994 (KLR)
The court found that the issuance of title deeds for the adjudication section in question rendered the judicial review proceedings moot, as the relief sought could no longer be granted. The withdrawal of the suit was not due to any fault of the applicant, and therefore, in the exercise of judicial discretion, no...
Source-derived case information.
- Citation
- [2018] KEELC 2994 (KLR)
- Parties
- Applicant: M’Kamwara Gichiu; Respondent: District Land Adjudication and Settlement Officer Chuka/Igamba Ng’ombe; Defendant: The Catholic Diocese of Meru through the Registered Trustees; Defendant: St. Peters Catholic Church – Kajuki
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- Judicial Review 14 of 2017
- Procedural Posture
- Judicial Review / Withdrawal Before Hearing
- Outcome
- suit withdrawn, no order as to costs
- Judges
- FM Njoroge
- Legal Topics
- Land Adjudication, Certiorari, Withdrawal of Suit
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
M’Kamwara Gichiu
Applicant
District Land Adjudication and Settlement Officer Chuka/Igamba Ng’ombe
Respondent
The Catholic Diocese of Meru through the Registered Trustees
Defendant
St. Peters Catholic Church – Kajuki
Defendant
Procedural Posture
Judicial Review / Withdrawal Before Hearing
Legal Issues
- 1 Whether the court should grant an order of certiorari to quash the decision of the Land Adjudication and Settlement Officer regarding land parcel No. 959/Kajuki/Kamutiria Adjudication Section.
- 2 Whether costs should be awarded upon withdrawal of the suit.
Ratio Decidendi
The court found that the issuance of title deeds for the adjudication section in question rendered the judicial review proceedings moot, as the relief sought could no longer be granted. The withdrawal of the suit was not due to any fault of the applicant, and therefore, in the exercise of judicial discretion, no order as to costs was made. The suit was accordingly marked as withdrawn and removed from the register of pending judicial review matters.
Court Disposition
suit withdrawn, no order as to costs
Orders
- The suit is marked as withdrawn and removed from the register of pending Judicial Review matters at Chuka ELC Court.
- No costs are awarded to any of the parties.
Full Case Text
Judgment text and source record
27 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT CHUKA
CHUKA JUDICIAL REVIEW CASE NO. 14 OF 2017
FORMERLY MERU JUDICIAL REVIEW NO. 02 OF 2016
M’KAMWARA GICHIU…………………………......EX-PARTE APPLICANT
VERSUS
DISTRICT LAND ADJ. SETTLEMENT OFFICER
CHUKA/IGAMBA NG’OMBE.......................................................RESPONDENT
THE CATHOLIC DIOCESE OF MERU THRO’
THE REGISTERED TRUSTEES................................1ST INTERESTED PARTY
ST. PETERS CATHOLIC CHURCH – KAJUKI.....2ND INTERESTED PARTY
RULING
1. These Judicial Review proceedings were brought to court by way of a Notice of Motion application dated 17th February, 2016 which sought the following orders:
1. That the honourable court be pleased to issue an order of certiorari to bring to this honourable court for the purposes of being quashed the decision of the Land Adjudication and Settlement Officer, Meru South/Maara District dated 5. 10. 2015 respecting land parcel No. 959/Kajuki/Kamutiria Adjudication Section.
2. That the Respondent and the Interested Parties be ordered to pay the costs of this motion.
2. On 13th June, 2018, Miss Matiri, for the ex-parte applicant, asked the court to withdraw the suit as its continuation was of no use as title deeds apposite to the adjudication section where the suit land is situated had already been issued.
3. Mr. Muchiri, for the Interested Parties, intimated that he was not opposed to the withdrawal of the suit, subject to costs being awarded to the Interested Parties.
4. I do note that it is not the fault of the ex-parte applicant that title deeds were issued before the hearing of this suit could be concluded. I am, therefore, inclined not to grant costs to any of the parties.
5. In the circumstances, this suit is marked as withdrawn and should be removed from the register of pending Judicial Review matters at Chuka ELC Court.
6. No costs are awarded to any of the parties.
7. It is so ordered.
Delivered in open Court at Chuka this 13th day of June, 2018 in the presence of:
CA:Ndegwa
M/s Matiri for the ex-parte applicant
Muchiri for the Interested Parties
P.M. NJOROGE
JUDGE