[2023] KEELC 17577 (KLR)
The court found that the notice of motion dated 30th September 2014 was already determined by a previous ruling delivered on 5th April 2017, which set aside the consent order and directed that the matter be mentioned together with Kisumu H.C. Land Case No. 298 of 2014 for further directions. Subsequent developments,...
Source-derived case information.
- Citation
- [2023] KEELC 17577 (KLR)
- Parties
- Applicant: Tunza Co-operative Society Limited; Respondent: Daniel Otieno Ogolla; Interested Party: Sylvano Otieno Kola
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 62 of 2014
- Procedural Posture
- Environment and Land Case / Ruling on Notice of Motion; Application Found Spent and Overtaken by Events
- Outcome
- Application found spent and overtaken by events; matter referred for mention and further directions.
- Judges
- E Asati
- Legal Topics
- Removal of Restriction, Land Registration, Consent Orders, Criminal Proceedings Related to Land, Mention and Case Management
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Tunza Co-operative Society Limited
Applicant
Daniel Otieno Ogolla
Respondent
Sylvano Otieno Kola
Interested Party
Procedural Posture
Environment and Land Case / Ruling on Notice of Motion; Application Found Spent and Overtaken by Events
Legal Issues
- 1 Whether the notice of motion dated 30th September 2014 is still pending for determination or has been overtaken by events.
- 2 Whether the court should issue further substantive orders or directions in light of previous rulings and developments.
Ratio Decidendi
The court found that the notice of motion dated 30th September 2014 was already determined by a previous ruling delivered on 5th April 2017, which set aside the consent order and directed that the matter be mentioned together with Kisumu H.C. Land Case No. 298 of 2014 for further directions. Subsequent developments, including the respondent's acquittal in criminal proceedings and a later ruling in 2020, rendered the current application spent and moot. The court therefore declined to issue a substantive ruling on the application and instead directed that the matter be placed before another judge for mention and further directions in compliance with the earlier orders.
Court Disposition
Application found spent and overtaken by events; matter referred for mention and further directions.
Orders
- The matter to be placed before Hon. Justice S. Okongó J for further directions and for taking of a mention date with related file No. 298 of 2014.
Full Case Text
Judgment text and source record
21 paragraphs
Tunza Co-operative Society Limited v Ogolla; Kola (Interested Party) (Environment & Land Case 62 of 2014) [2023] KEELC 17577 (KLR) (20 April 2023) (Ruling)
Neutral citation: [2023] KEELC 17577 (KLR)
Republic of Kenya
In the Environment and Land Court at Kisumu
Environment & Land Case 62 of 2014
E Asati, J
April 20, 2023
IN THE MATTER OF: THE REGISTERED LAND ACT CAP 300(NOW REPEALED & LAND REGISTRATION ACT- 2012 IN THE MATTER OF: AN APPLICATION BY DANIEL OTIENO OGOLLA FOR REMOVAL OF RESTRICTION AND IN THE MATTER OF KISUMU/KANYAKWAR ‘B’/385
Between
Tunza Co-operative Society Limited
Applicant
and
Daniel Otieno Ogolla
Respondent
and
Sylvano Otieno Kola
Interested Party
Ruling
1. The Notice of motion dated 30th September 2014 was argued before this court on 23rd February 2023 and ruling reserved for 20th April 2023. As I perused the court record in preparation for writing the ruling, I realized that the application is spent. The same was the subject of the ruling of Hon Justice S. M. Kibunja J delivered on 5th April 2017 in which the court set aside the consent order dated 18th March 2014 and issued on 25th March 2014 and ordered that this matter and Kisumu H. C. Land Case No. 298 of 2014 be fixed for mention on the same date for further directions on how they will be heard. The court record further shows that subsequently Daniel Otieno Ogolla was arrested and charged in Kisumu CMC CR. Case No.189 OF 2014 with the offence of obtaining land registration by false pretences contrary to section 320 of the penal code and was acquitted on 28/3/2018. There is also in the file a subsequent ruling by Justice Olao J. dated 30/9/2020.
2. In the premises, the intended ruling herein has been overtaken by events. I give directions that in compliance with the orders in the ruling dated 5th April 2017, let this matter be placed before Hon. Justice S. Okongó J today for further directions and for taking of a Mention date with the related file No. 298 of 2014 which is a court 1 matter.
DATED AT KISUMU THIS 20TH DAY OF APRIL 2023 AND READ OUT VIRTUALLY.E. ASATIJUDGEIn the presence of:Anyumba Advocate holding brief for Asuna for the Interest PartyRespondent present in personKobimbo for the Land Registrar.Maureen – Court Assistant