Case ID:184705

Republic v District Land Adjudication and Settlement Officer Tigania East Ex-Parte Milton Giteye Karwamba & another; Grace Kathea Tiritimi (Interested party) [2021] eKLR

Case Metadata

Case Number:

Judicial Review E003 of 2021

Parties:

Republic v District Land Adjudication & Settlement Officer Tigania East Ex-Parte Milton Giteye Karwamba & Florah Ciacereu; Grace Kathea Tiritimi (Interested Party)

Date Delivered:

01 Nov 2021

Case Class:

Civil

Court:

Environment and Land Court at Meru

Case Action:

Judgment

Judge(s):

Christopher Kyania Nzili

Citation:

Republic v District Land Adjudication and Settlement Officer Tigania East Ex-Parte Milton Giteye Karwamba & another; Grace Kathea Tiritimi (Interested party) [2021] eKLR

Advocates:

C.P. Mbaabu for interested party

A.G. for respondent

Court Division:

Environment and Land

County:

Meru

Advocates:

C.P. Mbaabu for interested party

A.G. for respondent

History Advocates:

Both Parties Represented

Case Outcome:

Motion allowed

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 MERU

ELC JUDICIAL REVIEW NO. E003 OF 2021

REPUBLIC .............................................................................APPLICANT

VERSUS

DISTRICT LAND ADJUDICATION &

SETTLEMENT OFFICER TIGANIA EAST...................RESPONDENT

GRACE KATHEA TIRITIMI............................INTERESTED PARTY

MILTON GITEYE KARWAMBA .........1

ST

EX-PARTE APPLICANT

FLORAH CIACEREU..............................2

ND

EX-PARTE APPLICNT

JUDGMENT

1. Before the court is an application dated

3.3.2021

seeking to vacate the orders made on

4.2.2021

. It is submitted no notice of motion was filed as ordered within 21 days or at all hence no judicial review proceedings are subsisting.

2. Secondly it is submitted that once the orders of stay were granted, the ex-parte applicants have never attended court to have the matter disposed of one way or the other.

3. The court has gone through the court record. It is clear the order granted on

4

th

February, 2021

was extracted and issued on

11.2.2021

.

Order 53

rule 3

provides the notice of motion be filed within 21 days which timelines must be adhered to. There is no reply to the motion herein and no explanation or an application to extend time during which to file substantive motion has been filed.

4. Consequently I proceed to allow the motion dated 3.3.2021. The leave granted to act as stay is hereby vacated.

5. Costs to the interested party. File marked as closed.

DATED, SIGNED AND DELIVERED IN OPEN COURT AT MERU THIS 1

ST

DAY OF NOVEMBER, 2021

IN PRESENCE OF:

C.P. MBAABU FOR INTERESTED PARTY

A.G. FOR RESPONDENT – ABSENT

EXPARTE APPLICANTS IN PERSON

HON. C.K. NZILI

ELC JUDGE