[2017] KEELC 277 (KLR)

[2017] KEELC 277 (KLR)

The court found that the applicants had demonstrated sufficient grounds for the grant of an order of prohibition. The Deputy County Commissioner and his agents were about to take steps to subdivide the disputed land parcels, which could prejudice the applicants' interests before the appeal to the Minister of Lands...

Source-derived case information.

Citation
[2017] KEELC 277 (KLR)
Parties
Applicant: Joel Mutuku Musango; Applicant: David Mwandau; Applicant: Daniel Kiilu Musango; Applicant: John Mwau Musango; Respondent: Deputy County Commissioner, Makindu Sub-County, Makueni County
Court
Environment and Land Court
Court Station
Environment and Land Court at Makueni
Jurisdiction
Kenya
Case Number
Environment and Land Miscellaneous Application 1 of 2017
Procedural Posture
Miscellaneous Application / Ruling on Chamber Summons Application
Outcome
application allowed
Legal Topics
Land Adjudication, Prohibition Orders, Ministerial Appeals, Land Disputes
Source Language
en
Land and Property Land Adjudication Prohibition Orders Ministerial Appeals Land Disputes

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Summary, issues, holding and outcome

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Parties

Joel Mutuku Musango

Applicant

David Mwandau

Applicant

Daniel Kiilu Musango

Applicant

John Mwau Musango

Applicant

Deputy County Commissioner, Makindu Sub-County, Makueni County

Respondent

Procedural Posture

Miscellaneous Application / Ruling on Chamber Summons Application

Legal Issues

  1. 1 Whether an order of prohibition should issue against the Deputy County Commissioner and/or his agents to prevent the District Surveyor from entering and/or subdividing plot number 1303 Kalii Makindu Adjudication section.
  2. 2 Whether the applicants are entitled to the reliefs sought in the chamber summons application.

Ratio Decidendi

The court found that the applicants had demonstrated sufficient grounds for the grant of an order of prohibition. The Deputy County Commissioner and his agents were about to take steps to subdivide the disputed land parcels, which could prejudice the applicants' interests before the appeal to the Minister of Lands was determined. The court was satisfied that the application had merit and that the applicants were entitled to the reliefs sought to preserve the subject matter of the dispute. Accordingly, the court granted the orders of prohibition as prayed, restraining the Deputy County Commissioner and his agents from entering or subdividing plot number 1303 Kalii Makindu Adjudication...

Court Disposition

application allowed

Orders

  • An order of prohibition is issued against the Deputy County Commissioner and/or his agents prohibiting the District Surveyor from entering and/or subdividing plot number 1303 Kalii Makindu Adjudication section.
  • Prayer 4 of the application is granted as prayed.