Stephen Kiprop Maiyo v Njoroge Wainaina [2021] KEELC 4010 (KLR)

REPUBLIC OF KENYA

IN THE ENVIRONMENT AND LAND COURT OF KENYA AT ELDORET

E & L MISC. APPLICATION NO. 20 OF 2020

STEPHEN KIPROP MAIYO..................................APPLICANT

VERSUS

NJOROGE WAINAINA.....................................RESPONDENT

RULING

Having heard the learned Counsel for the Applicant in the Notice of Motion under Certificate of Urgency dated 6th August, 2020 and upon being satisfied that it was served through advertisement as shown in the annexture to the affidavit of service sworn on 3rd December, 2020 and no replying papers have been filed, the Court takes the application as unopposed. The Court finds merit in the said application and orders as follows;

(a) That the time for applying for Land Control Board’s consent for transfer is hereby extended and the same to be applied for before 17th May, 2021.

(b) That the Respondent do transfer land parcel Kahungura Settlement Scheme Plot No. 227 to the Applicant within sixty (60) days and should he decline to sign or execute any of the relevant document to give effect to this order, such documents be signed and or executed by the Deputy Registrar.

(c) That each party bears his own costs.

It is so ordered.

Delivered virtually and dated at Eldoret this 17th day of March, 2021.

S. M. KIBUNJA

JUDGE

In the presence of:

Applicant:  Absent.

Respondent: Absent.

Counsel:  M/s Kinyua for the Applicant.

Court Assistant: Christine

and the Ruling is to be transmitted digitally by the Deputy Registrar to the Counsel on record through their e-mail addresses.