[2016] KEHC 5023 (KLR)
The court found that the application was intended to implement a prior court order of certiorari, and that the functions necessary to effectuate this order had shifted from the original respondent to the Land Registry and Survey Department following the closure of the adjudication register and registration of the...
Source-derived case information.
- Citation
- [2016] KEHC 5023 (KLR)
- Parties
- Applicant: Musa Ngaitii; Respondent: The District Land Adjudication & Settlement Officer, Tigania & Igembe; Respondent: M'Mbau Thambau
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Environment and Land Miscellaneous Application 97 of 2008
- Procedural Posture
- Miscellaneous Application / Ruling on Implementation of Court Order and Removal of Restriction
- Outcome
- application allowed
- Judges
- FM Njoroge
- Legal Topics
- Judicial Review Orders, Implementation of Court Orders, Land Registration, Removal of Restrictions
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Musa Ngaitii
Applicant
The District Land Adjudication & Settlement Officer, Tigania & Igembe
Respondent
M'Mbau Thambau
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Implementation of Court Order and Removal of Restriction
Legal Issues
- 1 Whether the Land Registrar and District Surveyor should be ordered to implement the court order of certiorari dated 22nd September, 2015.
- 2 Whether the restriction placed on land parcel No. MERU NORTH/ATHINGA/ATHANJA/2639 should be removed.
Ratio Decidendi
The court found that the application was intended to implement a prior court order of certiorari, and that the functions necessary to effectuate this order had shifted from the original respondent to the Land Registry and Survey Department following the closure of the adjudication register and registration of the land. As such, the Land Registrar and District Surveyor, Meru North, were the appropriate authorities to implement the court's order. The restriction on the land parcel in question was no longer justified, having been overtaken by the court's previous order. The court therefore allowed the application, ordering the relevant authorities to implement the order of certiorari and to...
Court Disposition
application allowed
Orders
- The Land Registrar, Meru North and the District Surveyor, Meru North are ordered to implement this Court's order of certiorari dated 22nd September, 2015 forthwith.
- The Registrar, Meru North is ordered to remove the restriction placed on land parcel No. MERU NORTH/ATHINGA/ATHANJA/2639 forthwith.
Full Case Text
Judgment text and source record
28 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
MISC. APPLICATION N 97 OF 2008
MUSA NGAITII.........................................................................APPLICANT/EX-PARTE APPLICANT
VERSUS
THE DISTRICT LAND ADJ. & SETTLEMENT OFFICER, TIGANIA & IGEMBE......1ST RESPONDENT
M'MBAU THAMBAU................................................................2ND RESPONDENT /INTEREST PARTY
R U L I N G
This application is dated 12th February, 2016. It is premised upon Section 3 and 3A of the Civil Procedure Act and Order 22 Rule 29 (1) of the Civil Procedure Rules. It seeks orders:-
THATthe honourable Court do order the Land Registrar, Meru North, and the District Surveyor, Meru North, to implement this Court Order of certiorari dated 22nd September,2015 annexed herein.
THATthe Honourable Court be pleased to order restriction placed by Respondent on land parcel No. MERU NORTH/ATHINGA/ATHANJA/2639 be raised .
Costs of this application be provided.
The application is buttressed by the affidavit of the applicant, Musa Ngaitii and has the following grounds:-
THATwhen the Ex-parte Applicant filed application for Judicial Review the Adjudication Register of Athinga/Athanja Land Adjudication Section had not been closed but now it was closed and Lands Registered.
THATthe 1st Respondent cannot implement the order of the Court dated 22. 09. 2015 for all his functions were transferred to the Land Registry and Survey Department upon registration of Land in Athinga/ Athanja Land Adjudication Area.
THATthe restriction has been overtaken by events after this Court order.
I find that the application is meant to implement an order of this Court. In the circumstances, the application is allowed.
It is ordered:-
The Land Registrar, Meru North and the District Surveyor Meru North are ordered to implement this Courts order of certiorari dated 22nd September, 2015 forthwith.
The Registrar, Meru North is ordered to remove the restriction placed on land parcel No. MERU NORTH/ATHINGA/ATHANJA/2639 forthwith.
Costs are awarded to the ex-parte applicant.
It is so ordered
DELIVERED IN OPEN COURT AT MERU THIS 14TH DAY OF APRIL, 2016 IN THE PRESENCE OF:-
CC: Lilian
Mburugu for the ex-parte Applicant
Mutura h/b L. Kimathi for 2nd Respondent.
P.M NJOROGE
JUDGE