Taireni Association of Mijikenda v North Witu Ranching Limited & 9 others; Kipini Wildlife and Botanical Conservatory Trust & 3 other (Interested Parties) [2021] KEELC 592 (KLR)
- Court
- Environment & Land Court
- Case number
- 592
- Citation
- [2021] KEELC 592 (KLR)
The court allows the application for reinstatement of the application dated 12th November 2020 and sets aside the orders of 22nd March 2021, allowing the application to proceed for hearing and determination.
Facts
The Petitioner/Applicant sought to reinstate an application dated 12th November 2020, which was dismissed on 22nd March 2021, due to the absence of the Petitioner's counsel and the court's decision to proceed with an inter partes hearing.
Issues
- Whether the court should set aside its orders of 22nd March 2021 and reinstate the application dated 12th November 2020 for hearing and determination
- Whether the court should refer the matter to the Chief Justice for constitution of a bench of not less than three judges
Reasoning
The court exercised its discretion to allow the application due to the absence of the Petitioner's counsel and the court's decision to proceed with an inter partes hearing, finding that the explanation given by the Petitioner's counsel was sufficient.
Outcome
The application for reinstatement is allowed, and the court sets aside the orders of 22nd March 2021.
Orders
- The 1st respondent/and or its servants/agents be restrained from proceeding with the auction of the suit land pending the determination of the petition
- Status quo to be maintained in respect of the occupation of the suit land
- The matter to be referred to the Chief Justice for constitution of a bench of not less than three judges
Remedies
- Status quo to be maintained pending the hearing and determination of the petition
- The matter to be referred to the Chief Justice for constitution of a bench of not less than three judges
Authorities cited
Legislation (3)
- Community Land Act No. 27 of 2016
- Land Registration Act of 2012
- National Land Commission Act
Cases cited (1)
- The Hon. Attorney General vs the Law Society of Kenya & Another (Civil Appeal (Application) No. 133 of 2011)
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