Case ID:170132

Tigania David Mwiriga & another v Sub County Surveyors Tharaka Nithi County & another [2021] eKLR

Case Metadata

Case Number:

Environment and Land Miscellaneous Case E001 of 2021

Parties:

Tigania David Mwiriga & Mugambi David v Sub County Surveyors Tharaka Nithi County & District Land Registrar Tharaka Nithi County

Date Delivered:

15 Feb 2021

Case Class:

Civil

Court:

Environment and Land Court at Chuka

Case Action:

Ruling

Judge(s):

Peter Muchoki Njoroge

Citation:

Tigania David Mwiriga & another v Sub County Surveyors Tharaka Nithi County & another [2021] eKLR

Advocates:

Miss Materu for the applicants

Court Division:

Environment and Land

County:

Tharaka Nithi

Advocates:

Miss Materu for the applicants

History Advocates:

One party or some parties represented

Case Outcome:

Application dismissed

Disclaimer:

The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information

REPUBLIC OF KENYA

IN THE ENVIRONMENT AND LAND COURT AT CHUKA

CHUKA ELC MISCELLANEOUS CASE NO. E001 OF 2021

TIGANIA DAVID MWIRIGA ..................................................................1

ST

APPLICANT

MUGAMBI DAVID...................................................................................2

ND

APPLICANT

VERSUS

SUB COUNTY SURVEYORS THARAKA NITHI COUNTY..........1

ST

RESPONDENT

DISTRICT LAND REGISTRAR THARAKA NITHI COUNTY....2

ND

RESPONDENT

RULING

1. The Chamber Summons in this matter is dated

6

th

January, 2021

and seeks leave to apply for orders, of inter alia, mandamus and several declarations that the court finds the constitutional rights of the applicants have been violated.

2. The application in its prayer 2 seeks an order of mandamus to compel the Officer Commanding Police Division (OCPD), Chuka, to help in enforcing the orders to be issued by the court.

3. The applicants do not say that their application is a Constitutional Petition. They also do not directly state that their application constitutes Judicial Review Proceedings. Whereas the court can grant prayer 1(a) for leave to apply for an order of mandamus, it cannot grant prayer 2 and issue an order of mandamus directed to the OCPD, Chuka at this stage. From the way it is framed, this application constitutes prayers which evince a veritable contradiction in terms. It is an oxymoron! Especially for prayer 2, no leave to apply for it had been obtained.

4. The applicants may consider filing a proper application in court.

5. In the circumstances:

a) This application stands dismissed.

b) No costs are awarded.

Delivered in open court at Chuka this

15

th

day of February, 2021

in the presence of:

CA: Ndegwa

Miss Materu for the applicants

HON. JUSTICE (Dr.) P. M. NJOROGE,

ELC JUDGE.