[2018] KEELC 1496 (KLR)
The court found that since the Registrar's report had already been filed and both parties expressed satisfaction with the report, there was no merit in the application to set aside the earlier orders. The application was therefore dismissed with costs to uphold the integrity of the court's process and avoid...
Source-derived case information.
- Citation
- [2018] KEELC 1496 (KLR)
- Parties
- Plaintiff: Stephen Ole Barta & 2 Others; Defendant: Ali Farah Award
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Narok
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 390 of 2017
- Procedural Posture
- Miscellaneous Application / Ruling on Application to Set Aside Court Orders
- Outcome
- application dismissed with costs
- Judges
- MN Kullow
- Legal Topics
- Boundary Disputes, Land Parcel Reports
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Stephen Ole Barta & 2 Others
Plaintiff
Ali Farah Award
Defendant
Procedural Posture
Miscellaneous Application / Ruling on Application to Set Aside Court Orders
Legal Issues
- 1 Whether the court should set aside its earlier orders requiring the Registrar Trans Mara to visit the suit land and file a report on land parcel No. Trans Mara/Kerinkani 8 and 9.
Ratio Decidendi
The court found that since the Registrar's report had already been filed and both parties expressed satisfaction with the report, there was no merit in the application to set aside the earlier orders. The application was therefore dismissed with costs to uphold the integrity of the court's process and avoid unnecessary litigation over settled matters.
Court Disposition
application dismissed with costs
Orders
- The application dated 29th June, 2018 is dismissed with costs.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT NAROK
ELC CAUSE NO. 390 OF 2017
FORMERLY KISII ELC NO. 286 OF 2013
STEPHEN OLE BARTA & 2 OTHERS........................................PLAINTIFF
VERSUS
ALI FARAH AWARD..................................................................DEFENDANT
RULING
The Application before me is the Notice of Motion dated 29th June, 2018 seeking for orders that the court do set aside the orders it made on 12th March, 2018 requiring the Registrar Trans Mara to visit the suit land and file a report in court on land parcel No. Trans Mara/Kerinkani 8 and 9.
The above application was filed subsequent to the plaintiff closing giving evidence and the court directing the registrar to avail a report on the suit land and determine the actual boundary of the suit parcel of land.
The Registrar had filed a report in court and it is the parties’ contention that they are satisfied with the report that was prepared by both the surveyor and the registrar.
In view of the above I find that the application dated 29th June, 2018has no merit and I dismiss the same with costs.
DATED, SIGNED and DELIVERED in open court atNAROKon this27thday of September, 2018
Mohammed Noor Kullow
Judge
27/9/18
In the presence of:
CA:Chuma
Ms Adale holding brief for for Ogutu for the Defendant
Mr. Ouma holding brief for Mr. Ochelo