[2021] KEELC 3598 (KLR)
The court held that it lacks jurisdiction to order investigations into the transfer of land parcels after it has already rendered judgment on the matter. The applicant, not being a party to the suit, has no locus standi to seek the orders requested. The court emphasized that its orders must be respected and cannot...
Source-derived case information.
- Citation
- [2021] KEELC 3598 (KLR)
- Parties
- Applicant: OCS Serem; Plaintiff: Patrick Malongo Lidovolo; Defendant: Luice Asang’asa; Defendant: Acton Musii Khalambukha; Defendant: Sabeti Khalambukha
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 78 of 2017
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Stay and Investigation Orders
- Outcome
- application dismissed
- Judges
- NA Matheka
- Legal Topics
- Eviction Orders, Jurisdiction of Court, Investigation of Land Transfer, Stay of Execution
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
OCS Serem
Applicant
Patrick Malongo Lidovolo
Plaintiff
Luice Asang’asa
Defendant
Acton Musii Khalambukha
Defendant
Sabeti Khalambukha
Defendant
Procedural Posture
Miscellaneous Application / Ruling on Application for Stay and Investigation Orders
Legal Issues
- 1 Whether the court has jurisdiction to order investigations into the transfer of land after judgment has been rendered.
- 2 Whether the orders of eviction previously issued should be stayed pending investigations.
- 3 Whether the applicant has locus standi to seek the orders requested.
Ratio Decidendi
The court held that it lacks jurisdiction to order investigations into the transfer of land parcels after it has already rendered judgment on the matter. The applicant, not being a party to the suit, has no locus standi to seek the orders requested. The court emphasized that its orders must be respected and cannot be rendered in vain. Since no appeal was filed within the stipulated time and no leave to appeal out of time was granted, the judgment stands. The application was found to be frivolous, an abuse of the court process, and without merit, leading to its dismissal.
Court Disposition
application dismissed
Orders
- The application dated 18th January 2021 is dismissed.
- No orders as to investigations or stay are granted.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT
AT KAKAMEGA
ELC CASE NO. 78 OF 2017
OCS SEREM.........................................................................................APPLICANT
VERSUS
PATRICK MALONGO LIDOVOLO..................................................PLAINTIFF
VERSUS
LUICE ASANG’ASA
ACTON MUSII KHALAMBUKHA
SABETI KHALAMBUKHA..........................................................DEFENDANTS
RULING
The application is dated 18th January 2021 seeking the following orders:-
1. That the honourable court be released to grant the OCS Serem enough time as the court may please.
2. That the orders dated 16th December, 2020 be stayed as prayed.
It is based on the following grounds that the DCI Hamisi sub-county needs to conduct a full investigation into transfer of land parcel number Kakamega/Shamakhokho/1442. That the DCI Hamisi sub-county needs investigation into transfer of land parcel number Kakamega/Shamakhokho/369 which is believed to have not undergone full process of succession. That the leave of this honourable court is therefore needed for investigations.
The respondent submitted that by an order issued by this court dated 15th December 2020 the OCS Serem Police Station was directed to evict the defendants from land parcel number Kakamega/Shamakhokho/1442. That they are not a party to this case and have no locus standi. That it is only the Court of Appeal that can quash, review or set aside the said judgement.
This court has considered the application and submissions therein. Judgment was rendered in this matter on the 24th June 2020. The defendants were ordered to vacate the suit parcel land parcel number Kakamega/Shamakhokho/1442 within 90 days from the date of judgement and indefault execution to issue. No appeal was filed within the stipulated time and leave to file appeal out of time was not granted. Orders of the court cannot be made in vain. This court has no jurisdiction to order investigations of a matter which it has passed judgement. This court made a decision based on the evidence before it at the material time. I concur with the respondent’s submissions that it is only the Court of Appeal that can quash, review or set aside the said judgement. This application is frivolous and an abuse of the court process. The same is not merited and I dismiss it.
It is so ordered.
DELIVERED, DATED AND SIGNED AT KAKAMEGA THIS 20TH APRIL 2021.
N.A. MATHEKA
JUDGE