Case ID:171393

Lodi Meseyieki Xavier v County Government of Narok & 4 others; Board of Management Enooretet Primary School (Interested Party) [2021] eKLR

Case Metadata

Case Number:

Judicial Review 265 of 2017

Parties:

Lodi Meseyieki Xavier v County Government of Narok, Cabinet Secretary Ministry of Land Housing And Urban Development, Land Adjuication Officer Transmara, Land Registrar Transmara & Attorney General; Board of Management Enooretet Primary School (Interested Party)

Date Delivered:

24 Feb 2021

Case Class:

Civil

Court:

Environment and Land Court at Narok

Case Action:

Ruling

Judge(s):

Mohammed Noor Kullow

Citation:

Lodi Meseyieki Xavier v County Government of Narok & 4 others; Board of Management Enooretet Primary School (Interested Party) [2021] eKLR

Court Division:

Environment and Land

County:

Narok

Case Outcome:

Notice of motion 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 NAROK

JUDICIAL REVIEW NO.265 OF 2017

LODI MESEYIEKI XAVIER..........................................................PETITIONER

VERSUS

COUNTY GOVERNMENT OF NAROK............................1

ST

RESPONDENT

CABINET SECRETARY MINISTRY OF LAND

HOUSING AND URBAN DEVELOPMENT......................2

ND

RESPONDENT

LAND ADJUICATION OFFICER TRANSMARA............3

RD

RESPONDENT

LAND REGISTRAR TRANSMARA...................................4

TH

RESPONDENT

HONOURABLE ATTORNEY GENERAL.........................5

TH

RESPONDENT

AND

BOARD OF MANAGEMENT ENOORETET PRIMARY

SCHOOL............................................................................INTERESTED PARTY

RULING

The Petitioner filed a Notice of Motion dated 23

rd

September, 2019, supported by the Affidavit of the Petitioner sworn on even date.

The Petitioner prays that

1. That this Honourable court be pleased to declare that the Interested Party has no cross-petition within the meaning of rule 10(2) of the Constitution of Kenya (protection of rights and fundamental freedoms) practice and procedure rules 2013 (Mutunga Rules).

2. That this honourable court be pleased to declare that the present cross petition before the court is incompetent and incurably defective for failure to having been supported by an affidavit.

3. That the cross petition be struck out with costs to the applicant.

4. That consequent to the grant of prayers above, the Honourable court be pleased to issue such further directions and orders as may be necessary to give effect to the foregoing Orders and/or favour the cause of justice.

The application is opposed by the Replying Affidavit of the 3

rd

Respondent sworn by Stephen Githinji and dated 13

th

February, 2020.The Respondent contends that the cross Petition is in order as the same has a supporting Affidavit attached to it and that the Application be dismissed and the suit be set down for hearing.

I have analyzed the Application and the response thereto, I have also analyzed the Cross Petition dated 25

th

July, 2019 together with the Supporting Affidavit dated 25

th

July, 2019 sworn by Peter Oltetia Semeiyo which is the subject of this Application.

I do find that the Cross Petition as filed is in order and does not in any way offend the Mutunga rules as alleged by the Petitioner. The Notice of Motion Application dated 23

rd

September, 2019 is dismissed. The matter to proceed for hearing. Parties are directed to get a hearing date at the registry.

DATED, SIGNED and DELIVERED ONLINE at NAROK on this 24

th

day of February, 2021.

Mohammed N. Kullow

Judge

24/2/2021

In the presence of: -

CA:Chuma

Parties and advocates: absent

Mohammed N. Kullow

Judge

24/2/2021