[2025] KEELC 491 (KLR)
The court found that the applicant had established a prima facie case for the grant of conservatory orders, as the revocation of the interested party's title by the 1st respondent was alleged to have been done arbitrarily and without due process, raising serious questions of breach of natural justice and...
Source-derived case information.
- Citation
- [2025] KEELC 491 (KLR)
- Parties
- Applicant: Zipporah Jebichi Seroney; Respondent: The Land Registrar, Kapsabet Lands Office; Respondent: The Inspector General of Police; Interested Party: Silverland Limited
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Kapsabet
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Petition E005 of 2024
- Procedural Posture
- Environment and Land Petition / Ruling on Interlocutory Application for Conservatory Orders
- Outcome
- Application allowed; conservatory and status quo orders granted.
- Judges
- GMA Ongondo
- Legal Topics
- Title Revocation, Conservatory Orders, Status Quo Orders, Natural Justice, Constitutional Rights, Lis Pendens
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Zipporah Jebichi Seroney
Applicant
The Land Registrar, Kapsabet Lands Office
Respondent
The Inspector General of Police
Respondent
Silverland Limited
Interested Party
Procedural Posture
Environment and Land Petition / Ruling on Interlocutory Application for Conservatory Orders
Legal Issues
- 1 Whether the applicant is entitled to a conservatory order restraining the implementation of the revocation of title pending determination of the petition.
- 2 Whether an order of status quo should be issued regarding the registration of LR Number/Chekumia/502.
- 3 Whether the revocation of title by the 1st respondent was arbitrary and in breach of natural justice.
Ratio Decidendi
The court found that the applicant had established a prima facie case for the grant of conservatory orders, as the revocation of the interested party's title by the 1st respondent was alleged to have been done arbitrarily and without due process, raising serious questions of breach of natural justice and constitutional rights. The court held that it has the mandate under Article 23(3) of the Constitution and Section 13 of the Environment and Land Court Act to grant interim preservation orders to prevent injustice and preserve the subject matter of the dispute. The doctrine of lis pendens further supports the need to maintain the status quo over the suit land pending the determination of...
Court Disposition
Application allowed; conservatory and status quo orders granted.
Orders
- A conservatory order is issued restraining the 1st respondent from implementing the revocation of the title issued in favour of the interested party pending hearing and determination of the petition.
- An order of status quo is issued as to the state of affairs existing in so far as the registration of LR Number/Chekumia/502 in the name of Silverland Limited prior to revocation by the 1st respondent.
Full Case Text
Judgment text and source record
32 paragraphs
Seroney v Land Registrar, Kapsabet Lands Office & another; Silverland Limited (Interested Party) (Environment & Land Petition E005 of 2024) [2025] KEELC 491 (KLR) (10 February 2025) (Ruling)
Neutral citation: [2025] KEELC 491 (KLR)
Republic of Kenya
In the Environment and Land Court at Kapsabet
Environment & Land Petition E005 of 2024
GMA Ongondo, J
February 10, 2025
IN THE MATTER OF LR.NO. NANDI/CHEKUMIA/502 IN THE MATTER OF AN ILLEGAL REVOCATION OF TITLE AND IN THE MATTER OF VIOLATION AND THREATENED VIOLATION OF FUNDAMENTAL RIGHTS AND RREEDOMS UNDER (INTER ALIA) ARTICLES 10,27,28,29,40,47,64 OF THE CONSTITUTION OF KENYA 2010. AND IN THE MATTER OF BREACH OF NATURAL JUSTICE
Between
Zipporah Jebichi Seroney
Petitioner
and
The Land Registrar, Kapsabet Lands Office
1st Respondent
The Inspector General of Police
2nd Respondent
and
Silverland Limited
Interested Party
Ruling
1. By a Notice of motion dated 29th November 2024, the petitioner/applicant, Ziporrah Jebichi Seroney through Chege and Sang Advocates is seeking the following principal orders;a.That the Honourable Court be pleased to issue a Conservatory Order restraining the 1st Respondent from implementing the Revocation of the title issued favor of the Interested Party pending the Hearing and determination of this of this Petition.b.That, an Order of status quo be issued as to the state of affairs existing in so far as the registration of LR Number/Chekumia/502 (The suit land) in name of Silverland Limited prior to revocation by the 1st Respondent.
2. Briefly, the applicant laments that she executed a transfer pursuant to a sale of land transaction in favour of the interested party over the suit land. That the 1st respondent arbitrarily cancelled the interested party’s title without any legal justification. That unless the decision of the 1st respondent’s is stayed, the petitioner will suffer an injustice, hardship and prejudice as the true ownership status of the said parcel of land will be misconstrued.
3. Mr Kiplangat learned counsel for the interested party has told the court that the interested party has no opposition to the application in the spirit of Lis Pendens over the suit land.
4. On that account, is the application meritorious?
5. The applicant has sought a conservatory order and it is a relief which this court may grant under Article 23 (3) of the Constitution of Kenya 2010.
6. It is trite law that Lis pendens doctrine is meant to preserve the property in dispute pending the outcome or termination of a case; see Ogada-vs-Mollin (2009) KLR.
7. This court has the mandate to grant interim preservation orders under Section 13 of the Environment and Land Court Act, 2015 (2011).
8. In the circumstances, the instant application is firm and meritorious.
9. A fortiori, the application is hereby allowed in terms of prayers 4 and 5 therein as set out in paragraph 1 (a) and (b) hereinabove.
10. Costs of the application to abide the outcome of the petition.
11. It is so ordered.
DATED AND DELIVERED AT KAPSABET THIS 10TH DAY OF FEBRUARY 2025HON. G. M. A ONGONDOJUDGEPRESENTMr. Sang learned counsel for the petitionerMr. Kiplangat learned counsel for the interested partyWalter, court assistant