PHILIP KIPRONO CHEBOSIR v CHIEF LAND REGISTRAR [2010] KEHC 1094 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT KERICHO

MISC CIVIL APP. NO. 24 OF 2010

PHILIP KIPRONO CHEBOSIR ……………… APPLICANT

VERSUS

THE CHIEF LAND REGISTRAR …………RESPONDENT

RULING

I have perused the Notice of Motion dated6th May, 2010and the affidavit of Philip Kiprono Chebosir sworn on10th May, 2010in support thereof. The application seeks an order to direct the Chief Land Registrar to remove the Restrictions placed against the titles of land owned by the Applicant as proprietor referred to in the said application.

I have considered the submissions of Mr. Oboso, the learned counsel for the Applicant.

The application is made in a vacuum as there is no suit. The orders sought cannot be made in vacuo. Accordingly, I strike out the application. The applicant is at liberty to come to court again.

DATEDat KERICHO this 7th  day of  July, 2010

G.B.M.KARIUKI,SC

RESIDENT JUDGE

COUNSEL APPEARING

Mr. Oboso for the Applicant instructed by Messrs Oboso & Company Advocates

No appearance for the Respondent.