[2010] KEHC 1094 (KLR)
The court held that the application was made in a vacuum as there was no substantive suit before the court. Without an underlying suit, the court lacks jurisdiction to grant the orders sought. Therefore, the application was struck out, but the applicant was granted liberty to approach the court again with a proper...
Source-derived case information.
- Citation
- [2010] KEHC 1094 (KLR)
- Parties
- Applicant: Philip Kiprono Chebosir; Respondent: The Chief Land Registrar
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Appeal 24 of 2010
- Procedural Posture
- Miscellaneous Application / Ruling on Notice of Motion to Remove Land Restrictions
- Outcome
- application struck out
- Legal Topics
- Removal of Land Restrictions, Proprietorship Rights, Procedural Requirements for Applications
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Philip Kiprono Chebosir
Applicant
The Chief Land Registrar
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Notice of Motion to Remove Land Restrictions
Legal Issues
- 1 Whether the court can grant orders to remove land restrictions in the absence of a substantive suit.
- 2 Whether an application can be entertained in vacuo without an underlying suit.
Ratio Decidendi
The court held that the application was made in a vacuum as there was no substantive suit before the court. Without an underlying suit, the court lacks jurisdiction to grant the orders sought. Therefore, the application was struck out, but the applicant was granted liberty to approach the court again with a proper suit.
Court Disposition
application struck out
Orders
- The application is struck out.
- The applicant is at liberty to come to court again.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KERICHO
MISC CIVIL APP. NO. 24 OF 2010
PHILIP KIPRONO CHEBOSIR ……………… APPLICANT
VERSUS
THE CHIEF LAND REGISTRAR …………RESPONDENT
RULING
I have perused the Notice of Motion dated6th May, 2010and the affidavit of Philip Kiprono Chebosir sworn on10th May, 2010in support thereof. The application seeks an order to direct the Chief Land Registrar to remove the Restrictions placed against the titles of land owned by the Applicant as proprietor referred to in the said application.
I have considered the submissions of Mr. Oboso, the learned counsel for the Applicant.
The application is made in a vacuum as there is no suit. The orders sought cannot be made in vacuo. Accordingly, I strike out the application. The applicant is at liberty to come to court again.
DATEDat KERICHO this 7th day of July, 2010
G.B.M.KARIUKI,SC
RESIDENT JUDGE
COUNSEL APPEARING
Mr. Oboso for the Applicant instructed by Messrs Oboso & Company Advocates
No appearance for the Respondent.