[2010] KEHC 1185 (KLR)
The court found that, in the absence of any response from the 1st to 4th respondents and in view of the petitioners' application under Rule 20, it was appropriate to issue conservatory orders to preserve the suit properties. The court exercised its discretion to ensure that the subject matter of the petition is not...
Source-derived case information.
- Citation
- [2010] KEHC 1185 (KLR)
- Parties
- Applicant: Peter Butali; Applicant: Jackson Mungai Mwaura; Applicant: Paul Ngugi Muchai & 34 Others; Respondent: The District Land Registrar Thika District; Respondent: The Chief Registrar of Titles; Respondent: The Permanent Secretary, Ministry of Roads and Public Works; Respondent: The Honourable Attorney General; Respondent: Viewland Investments Company Limited
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Petition 20 of 2010
- Procedural Posture
- Constitutional Petition / Interlocutory Application; Ruling on Conservatory Orders
- Outcome
- Conservatory orders granted to preserve the suit properties pending hearing and determination of the petition.
- Legal Topics
- Conservatory Orders, Protection of Fundamental Rights, Land Title Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Peter Butali
Applicant
Jackson Mungai Mwaura
Applicant
Paul Ngugi Muchai & 34 Others
Applicant
The District Land Registrar Thika District
Respondent
The Chief Registrar of Titles
Respondent
The Permanent Secretary, Ministry of Roads and Public Works
Respondent
The Honourable Attorney General
Respondent
Viewland Investments Company Limited
Respondent
Procedural Posture
Constitutional Petition / Interlocutory Application; Ruling on Conservatory Orders
Legal Issues
- 1 Whether conservatory orders should be issued to preserve the suit properties pending the hearing and determination of the petition.
Ratio Decidendi
The court found that, in the absence of any response from the 1st to 4th respondents and in view of the petitioners' application under Rule 20, it was appropriate to issue conservatory orders to preserve the suit properties. The court exercised its discretion to ensure that the subject matter of the petition is not rendered nugatory and that the rights claimed by the petitioners are not prejudiced before the petition is heard and determined. The order was made to conserve the suit properties until the case is heard and determined or until further orders of the court.
Court Disposition
Conservatory orders granted to preserve the suit properties pending hearing and determination of the petition.
Orders
- An order is issued to conserve the suit properties until the case is heard and determined, or until any further or other orders.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI (NAIROBI LAW COURTS)
Petition 20 of 2010
PETER BUTALI …………………………….….…….1ST PETITIONER
JACKSON MUNGAI MWAURA …………….………..2ND PETITIONER
PAUL NGUGI MUCHAI & 34 OTHERS …..….……..3RD PETITIONER
AND
THE DISTRICT LAND REGISTRAR THIKA DISTRICT...1ST RESPONDENT
THE CHIEF REGISTRAR OF TITLES ………………2ND RESPONDENT
THE PERMANENT SECRETARY, MINISTRY OF
ROADS AND PUBLIC WORKS ………………..…...3RD RESPONDENT
THE HONOURABLE ATTORNEY GENERAL ………4TH RESPONDENT
VIEWLAND INVESTMENTS COMPANY LIMITED...5TH RESPONDENT
R U L I N G
The application filed on24th August, 2010by the Petitioner was served on the 1st to 4th Defendants but elicited no response from them. Under rule 20 of the Constitution of Kenya (Supervisory Jurisdiction and Protection of Fundamental Rights and Freedoms of the Individual) High Court Practice and Procedure Rules, 2006, an order is issued to conserve the suit properties until the case is heard and determined, or until any further or other orders.
DATED AND DELIVED ATNAIROBI
THIS 21ST DAY OF OCTOBER 2010
A.O. MUCHELULE
J U D G E