Diocese of Meru- Registered Trustees v Kenya Tea Development Agency Limited & 9 others;County Government of Meru & another (Interested Parties) [2021] KEELC 2489 (KLR)
- Court
- Environment & Land Court
- Case number
- 2489
- Citation
- [2021] KEELC 2489 (KLR)
- Decided
- 21 July 2021
The court declines to grant conservatory orders and the prayer for stay of proceedings in the Nkubu court.
Facts
The petitioner, the Diocese of Meru-Registered Trustees, seeks to restrain the respondents from dealing with land parcel No. NKUENE/MITUNGUU/190, which is currently subdivided into several smaller parcels. The land is claimed to be public land that was grabbed and is occupied by a children's home.
Issues
- Public vs. Private Land Ownership
- Inhibition of Registration
- Stay of Proceedings
Reasoning
The court finds that conservatory orders are not merited at this stage of the trial and that the application for inhibition is granted. The court also declines to stay the proceedings in the Nkubu court due to the lack of clear public interest.
Outcome
The application is partly successful, with the court granting an order of inhibition and declining the other prayers.
Orders
- Order of inhibition restraining any dealings on land parcel No. NKUENE/MITUNGUU/190 until the application is heard and determined.
- Order of inhibition restraining the 1st to 8th respondent from interfering with the occupation, enjoyment, and user of 15 acres of land parcel No. NKUENE/MITUNGUU/190 until the application is heard and determined.
- Order transferring the court file in Nkubu ELC No. 46 of 2020 to this court for consolidation with the petition.
Remedies
- Costs of the application shall abide the outcome of the suit.
Authorities cited
Legislation (3)
- Land Registration Act 2012
- Civil Procedure Act (Cap 21)
- Civil Procedure Rules
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