Jadiel Karogo M’ithiano v Julia Mugito [2021] KEELC 2680 (KLR)

REPUBLIC OF KENYA

IN THE ENVIRONMENT AND LAND COURT AT MERU

ELC APPEAL NO. 227 OF 2013

JADIEL KAROGO M’ITHIANO ...... APPELLANT/RESPONDENT

VERSUS

JULIA MUGITO .................................RESPONDENT/APPLICANT

RULING

1. Before me is a notice of motion dated 2nd March, 2020 brought pursuant to Order 45 Rule 1 and Order 51 Rule 1 of the Civil Procedure Rules and Section 1A, 1B & 3A of the Civil Procedure Act. The applicant, Julia Mugito is seeking an order of review of the court’s ruling dated 3rd December 2019 in particular paragraph 13 (d) by substituting Meru Land Registrar with Meru District surveyor.

2. The applicant avers that the the Land Registrar cannot effect subdivision on any land as that is the work of the district surveyor. The application is unopposed.

3. I have carefully perused the court file. In paragraph 4 of the applicant’s application dated 23. 5.2019 in prayer d), she had sought orders; “that the Meru Land Registrar be directed to effect subdivision of the land Title No. NYAKI/MULATHANKARI/54 and NYAKI/THUURA/1658”.The error was certainly on the part of the applicant and not in the ruling dated 3. 12. 2019.

4. I do however opine that a party must be allowed to enjoy the fruits of his judgment. The application is therefore allowed with no orders as to costs.

DATED, SIGNED AND DELIVERED AT MERU THIS 7TH DAY OF JULY, 2021

HON. LUCY. N. MBUGUA

ELC JUDGE

ORDER

The date of delivery of this Ruling was given to the advocates for the parties through a virtual session via Microsoft teams on 5. 5.2021.  In light of the declaration of measures restricting court operations due to the COVID-19 pandemicand following the practice directions issued by his Lordship, the Chief Justice dated 17th March, 2020 and published in the Kenya Gazette of 17th April 2020 as Gazette Notice no.3137, this Ruling has been delivered to the parties by electronic mail.  They are deemed to have waived compliance with order 21 rule 1 of the Civil Procedure Rules which requires that all judgments and rulings be pronounced in open court.

HON. LUCY N. MBUGUA

ELC JUDGE