Musa Ngaitii v District Land Adj. & Settlement Officer, Tigania & Igembe & M'mbau Thambau [2016] KEHC 5023 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT MERU

MISC. APPLICATION N 97 OF 2008

MUSA  NGAITII.........................................................................APPLICANT/EX-PARTE APPLICANT

VERSUS

THE DISTRICT  LAND ADJ. & SETTLEMENT OFFICER, TIGANIA & IGEMBE......1ST RESPONDENT

M'MBAU THAMBAU................................................................2ND RESPONDENT /INTEREST PARTY

R U L I N G

This application is dated 12th February, 2016. It is  premised upon Section 3 and  3A of the Civil Procedure Act and  Order  22 Rule 29 (1)  of the Civil Procedure Rules. It seeks orders:-

THATthe honourable Court do order the Land Registrar, Meru North, and the District Surveyor, Meru North, to implement this Court Order of certiorari dated 22nd September,2015 annexed herein.

THATthe Honourable Court be pleased to order restriction placed by Respondent on land parcel No. MERU NORTH/ATHINGA/ATHANJA/2639 be raised .

Costs of this application be provided.

The application is buttressed by the affidavit of the applicant, Musa Ngaitii and has the following  grounds:-

THATwhen the Ex-parte  Applicant filed application for Judicial Review the Adjudication Register of Athinga/Athanja Land Adjudication Section had not been closed but now it was closed and Lands Registered.

THATthe 1st Respondent cannot implement the order of the Court dated 22. 09. 2015  for  all his functions were transferred to the Land Registry and Survey Department upon registration  of Land in Athinga/ Athanja Land Adjudication Area.

THATthe restriction has been overtaken by events after this Court order.

I find that the application is meant to implement an order of this Court.  In the circumstances, the application is allowed.

It is ordered:-

The Land Registrar, Meru North and the District Surveyor Meru North are ordered to implement this Courts order of certiorari dated  22nd September, 2015 forthwith.

The Registrar, Meru North is ordered to remove the restriction placed on land parcel No. MERU NORTH/ATHINGA/ATHANJA/2639  forthwith.

Costs are awarded to the ex-parte applicant.

It is so ordered

DELIVERED IN OPEN COURT AT MERU THIS 14TH  DAY OF APRIL, 2016 IN THE PRESENCE OF:-

CC: Lilian

Mburugu for the ex-parte Applicant

Mutura h/b L. Kimathi for 2nd Respondent.

P.M NJOROGE

JUDGE