[2024] KEELC 7456 (KLR)
The court declined to grant the conservatory orders sought by the applicant, noting that a ruling in a related matter involving the same parcels of land (Lietego Settlement Scheme/404 and 405) had just been delivered by the same court on the same day. The court held that it was prudent for the parties to study the...
Source-derived case information.
- Citation
- [2024] KEELC 7456 (KLR)
- Parties
- Applicant: Jennifer Nyaboke Mochache; Respondent: Land Registrar, Nyamira; Respondent: Land Surveyor, Nyamira; Interested Party: Commission on Administrative Justice; Interested Party: Grace Kwamboka Mbuga; Interested Party: Wesley Otieri
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Nyamira
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Petition E002 of 2023
- Procedural Posture
- Constitutional Petition / Ruling on Application for Conservatory Orders
- Outcome
- Application for conservatory orders declined; parties directed to study related ruling.
- Judges
- JM Kamau
- Legal Topics
- Conservatory Orders, Boundary Disputes, Land Registration, Administrative Action
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jennifer Nyaboke Mochache
Applicant
Land Registrar, Nyamira
Respondent
Land Surveyor, Nyamira
Respondent
Commission on Administrative Justice
Interested Party
Grace Kwamboka Mbuga
Interested Party
Wesley Otieri
Interested Party
Procedural Posture
Constitutional Petition / Ruling on Application for Conservatory Orders
Legal Issues
- 1 Whether conservatory orders should issue to restrain the respondents and interested parties from dealing with Lietego Settlement Scheme/404 and 405 pending determination of the petition.
- 2 Whether the respondents should be compelled to avail the boundary confirmation report to the applicant and the court.
Ratio Decidendi
The court declined to grant the conservatory orders sought by the applicant, noting that a ruling in a related matter involving the same parcels of land (Lietego Settlement Scheme/404 and 405) had just been delivered by the same court on the same day. The court held that it was prudent for the parties to study the earlier ruling to determine whether it addressed the issues raised in the present application. The court emphasized the need to avoid duplicity and conflicting orders, and deferred further consideration of the application pending the parties' review of the related ruling.
Court Disposition
Application for conservatory orders declined; parties directed to study related ruling.
Orders
- The application for conservatory orders is declined at this stage.
- Parties are directed to study the ruling delivered in the related matter involving Lietego Settlement Scheme/404 and 405.
Full Case Text
Judgment text and source record
26 paragraphs
Mochache v Nyamira & another; Commission on Administrative Justice & 2 others (Interested Parties) (Environment & Land Petition E002 of 2023) [2024] KEELC 7456 (KLR) (13 November 2024) (Ruling)
Neutral citation: [2024] KEELC 7456 (KLR)
Republic of Kenya
In the Environment and Land Court at Nyamira
Environment & Land Petition E002 of 2023
JM Kamau, J
November 13, 2024
Between
Jennifer Nyaboke Mochache
Applicant
and
Land Registrar, Nyamira
1st Respondent
Land Surveyor, Nyamira
2nd Respondent
and
Commission on Administrative Justice
Interested Party
Grace Kwamboka Mbuga
Interested Party
Wesley Otieri
Interested Party
Ruling
1. This suit was commenced by a Constitutional Petition dated 9/10/2023 where the Petitioner sought the following orders. She also by an Application dated 16/10/2023 sought for conservatory orders for;a.Restraining the Respondents and the 2nd and 3rd Interested parties from entering upon undertaking, registering or permitting any dealings, carrying out any survey work or making of any entries in respect of the land parcel numbers and the register relating to the land described in the 1st Respondent’s letter to the Applicant dated 8/3/2023 as Lietego Settlement Scheme/404 or 1405. b.That the Respondents to forthwith avail to the Applicant and for this Court’s inspection a copy of the Report of the boundary confirmation exercise conducted on 6/4/2023 relating to an alleged boundary dispute involving Title Numbers Lietego Settlement Scheme/404 and 405.
2. I am privy to another matter touching on the same subject matters i.e. Lietego Settlement Scheme/404 and 405. A Ruling in the said matter has just been delivered by this Court this morning and it is important for the parties to study the same in order to be informed and ascertain whether the same would serve the purpose of this Application.
RULING DATED, SIGNED AND DELIVERED AT NYAMIRA THIS 13TH DAY OF NOVEMBER, 2024. MUGO KAMAUJUDGEIn the Presence of: -Court Assistant: BrendaPetitioner’s Counsel: Mr. AtakaRespondents’ Counsel: N/A