[2023] KEELC 18808 (KLR)
The court found that the applicant was entitled to the enforcement of the judgment previously delivered in his favour regarding Plot No 127 Marsabit Town. The respondents' continued occupation of the suit land was unlawful, and the actions taken to deprive the applicant of the property were irregular and void. The...
Source-derived case information.
- Citation
- [2023] KEELC 18808 (KLR)
- Parties
- Plaintiff: Ali Guyo Sorcha; Respondent: Noor Muhidin; Respondent: County Government Of Marsabit; Respondent: Attorney General
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Isiolo
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Petition 009 of 2021
- Procedural Posture
- Environment and Land Petition / Ruling on Post Judgment Application for Enforcement of Judgment and Injunctive Relief
- Outcome
- Application allowed; prayers 2, 3, and 4 granted; costs awarded to applicant.
- Judges
- PM Njoroge
- Legal Topics
- Land Ownership Disputes, Enforcement of Judgments, Injunctive Relief, Land Committee Decisions
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ali Guyo Sorcha
Plaintiff
Noor Muhidin
Respondent
County Government Of Marsabit
Respondent
Attorney General
Respondent
Procedural Posture
Environment and Land Petition / Ruling on Post Judgment Application for Enforcement of Judgment and Injunctive Relief
Legal Issues
- 1 Whether the respondents' continued occupation of Plot No 127 Marsabit Town after judgment is unlawful.
- 2 Whether the court should grant orders to revert the suit property to the applicant and restrain the respondents from interference.
- 3 Whether the proceedings and decision of the land committee in 1998 should be quashed.
Ratio Decidendi
The court found that the applicant was entitled to the enforcement of the judgment previously delivered in his favour regarding Plot No 127 Marsabit Town. The respondents' continued occupation of the suit land was unlawful, and the actions taken to deprive the applicant of the property were irregular and void. The court held that the applicant was entitled to have the property reverted to him, the 1998 land committee proceedings and decision quashed, and a permanent injunction issued to restrain the respondents from interfering with his possession. The absence of submissions or opposition from the respondents further supported the grant of the orders sought.
Court Disposition
Application allowed; prayers 2, 3, and 4 granted; costs awarded to applicant.
Orders
- An order is issued directing the 2nd and 3rd respondents to revert Plot No 127 back to the applicant.
- An order is granted quashing the proceedings and decision of the purported committee on land which allegedly took place in 1998.
Full Case Text
Judgment text and source record
26 paragraphs
Sorcha v Muhidin & 2 others (Environment & Land Petition 009 of 2021) [2023] KEELC 18808 (KLR) (17 July 2023) (Ruling)
Neutral citation: [2023] KEELC 18808 (KLR)
Republic of Kenya
In the Environment and Land Court at Isiolo
Environment & Land Petition 009 of 2021
PM Njoroge, J
July 17, 2023
Between
Ali Guyo Sorcha
Plaintiff
and
Noor Muhidin
1st Respondent
County Government Of Marsabit
2nd Respondent
Attorney General
3rd Respondent
Ruling
1. On the face of this application, it is stated that it has been brought to court under Order 22 Rule 29 (i) of the Civil Procudure Rules and Section 1A, 1B & 3A of the Civil Procedure Act, Cap 21 of the Laws of Kenya and Part III of the High Court Practice Rules and all other enabling provisions of the law.
2. The application seeks the following orders;a.It is hereby declared that the actions by the respondents to take away the Petitioner’s Plot No 747, Marsabit Town, were irregular, unlawful and null and void ab initio.b.An order id hereby issued directing the 2nd and 3rd respondents to revert Plot No 127 back to the Petitioner.c.An order is hereby granted quashing the proceedings and decision of the purported committee on land which allegedly took place in 1998. d.A mandatory permanent injunction is hereby issued restraining the 1st and 2nd respondents, their agents and assignees from entering, encroaching, upon or in any way interfering with the quiet possession by the Plaintiff of Plot No 127 Marsabit Town.
3. The application is supported by the affidavit of Adhi Ali Sorcha sworn on 2nd December, 2022 and has the following grounds;
4. This is a matter where the applicant seeks that the court facilitates the completion of this case by allowing the applicant to enjoy the fruits of the Judgement delivered by this court in his favour. The applicant says that despite Judgement having been delivered in his favour, the respondents have continued to occupy the suit land. He opines that litigation must at some point come to an end. I agree.
5. Taking into account that Judgement was delivered on 20th June, 2022 over 1 year ago, I find that the orders sought by the applicant are merited.
6. The respondents did not file submissions.
7. In the circumstances, I issue the following orders; -a.Prayers 2,3 and 4 are hereby granted.b.Costs shall follow the event and are awarded to the applicants.
DELIVERED IN OPEN COURT AT ISIOLO THIS 17TH DAY OF JULY, 2023 IN THE PRESENCE OF;Court Assistant: BaloziCaleb Mwiti holding brief for Ondari for the Applicant/Petitioner.Benjamin Kimathi present for the 4th for the 4th defendant.Other parties not present.HON. JUSTICE P.M NJOROGEJUDGE