Nyang’or & another v Homabay County Land Surveyor & 2 others [2023] KEELC 15969 (KLR) | Judicial Review | Esheria

Nyang’or & another v Homabay County Land Surveyor & 2 others [2023] KEELC 15969 (KLR)

Full Case Text

Nyang’or & another v Homabay County Land Surveyor & 2 others (Judicial Review Miscellaneous Application E001 of 2023) [2023] KEELC 15969 (KLR) (28 February 2023) (Ruling)

Neutral citation: [2023] KEELC 15969 (KLR)

Republic of Kenya

In the Environment and Land Court at Homa Bay

Judicial Review Miscellaneous Application E001 of 2023

GMA Ongondo, J

February 28, 2023

Between

Jacob Arwa Nyang’Or

1st Applicant

Kennedy Ochieng Oranga

2nd Applicant

and

Homabay County Land Surveyor

1st Respondent

Homabay County Land Registrar

2nd Respondent

Attorney General

3rd Respondent

Ruling

1. By chamber summons application dated January 12, 2023brought under order 53 rule 1(1) (2) and (4) of the Civil Procedure Rules, 2010, among other provisions of the law, the applicants through the firm of Aluoch Odera and Nyauke Company Advocates are seeking the orders as follows:a)Certiorari – to quash the decision of the County Land Surveyor and County Land Registrar to create access road on land parcel number Kanyamwa/Kayambo/Kwamo 2951. b)Mandamus – to compel the County Land Surveyor and the County Land Registrar to remove the access road created on land parcel number Kanyamwa/Kayambo/Kwamo/2951. c)Prohibition – to prohibit any feature creation of the access road on land parcel number Kanyamwa/Kayambo/Kwamo/2951.

2. Learned counsel, Aluoch Odera for the applicant has informed the Court that:“Chamber summons dated January 12, 2023duly served as per affidavit of service sworn on January 18, 2023 and filed on January 24, 2023. There is no response to the application. May orders (a) (i) to (iii) and (b) sought therein be allowed”.

3. The respondents duly served have not responded to the application.

4. It is finding of this court that the application is unopposed, firm and merited.

5. Thus, the application is hereby allowed in terms of orders a(i) (ii) and (iii) as sought therein and as stated in paragraph 1(a) (b) and (c) hereinabove.

6. Costs be in the cause.

7. It is so ordered.

DELIVERED, DATED AND SIGNED AT HOMABAY THIS 28TH DAY OF FEBRUARY 2023. G.M.A ONG’ONDOJUDGEPresent.1. Aluoch Odera, learned counsel for the applicants.2. Mutiva, court assistant.