Case ID:171080

Jane Kanda Kipkorir v County Lands Officer (Trans Nzoia) [2021] eKLR

Case Metadata

Case Number:

Environment and Land Miscellaneous Application 2 of 2021

Parties:

Jane Kanda Kipkorir v County Lands Officer (Trans Nzoia)

Date Delivered:

25 Feb 2021

Case Class:

Civil

Court:

Environment and Land Court at Kitale

Case Action:

Ruling

Judge(s):

Francis Mwangi Njoroge

Citation:

Jane Kanda Kipkorir v County Lands Officer (Trans Nzoia) [2021] eKLR

Court Division:

Environment and Land

County:

Trans Nzoia

Case Outcome:

Application ordered

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 KITALE

ELC MISC. APP. NO. 2 OF 2021

JANE KANDA KIPKORIR....................................................................APPLICANT

VERSUS

THE COUNTY LANDS OFFICER....................(TRANS NZOIA) .RESPONDENT

RULING

1. The application dated

6/1/2021

and filed in court on

14/1/2021

has been brought by the applicant under

Order Sections 1A, 1B, 3, 3A

and

63

of the

Civil Procedure Act, Order 51 Rule 1

of the

Civil Procedure Rules

and

Section 13

and

19

of the

Environment and Land Court Act

. The applicant seeks the following orders:-

(1) That this application be certified as urgent and the same be heard

ex parte

on priority.

(2) That the county Lands Officer, Trans Nzoia be ordered to forthwith release the original title document in respect of land parcel No. 1615 Milimani Settlement Scheme.

(3) Costs be provided for.

2. The application is supported by the affidavit of the applicant sworn on

6/1/2021

. The grounds on the fact of the application are that the applicant is a holder of Power of Attorney

No. 502/10

registered on

4/5/2010

; that pursuant to the said powers the applicant filed suit in

Kitale ELC No. 86 of 2010

against

Dorcas Chebet

and Others, a decree was issued declaring the said parties trespassers thereon; that the applicant did make payments in respect of the outstanding loan, discharge of charge and title to facilitate processing of title documents and that the respondent has now refused to release the original title deed despite requests made to her. No replying affidavit was filed in response to the application. The applicant filed her written submissions on

22/2/2021.

The respondent filed no submissions.

3. I find that the applicant has not complied with the order of this court, which was not made idly, to the effect that she ought to file an affidavit of service. Consequently the application dated

6/1/2021

is hereby struck out on that ground alone. There shall be no orders as to costs.

It is so ordered.

Dated, signed

and

delivered

at

Kitale via electronic mail

on this

25

th

day of

February, 2021.

MWANGI NJOROGE

JUDGE, ELC, KITALE.