Ombese & another v National Housing Corporation & another (Environment & Land Case 741 of 2016) [2023] KEELC 186 (KLR) (26 January 2023) (Ruling)

Facts

Ombese and Osoro sued the National Housing Corporation and the Municipal Council of Kisii for the transfer and possession of two plots within the land parcel Central Kitutu/Daraja Mbili/789. The suit was settled through a consent judgment, but the process of transferring the plots was delayed. A report on the land boundaries was filed, but the court found a boundary dispute between the plots and parcel No. 789.

Issues

1. Whether the applicant should be joined as an interested party
2. Whether the orders relating to the land parcel Central Kitutu/Daraja Mbili/789 should be set aside
3. Whether the introduction of a claim over the subject land after judgment is irregular

Reasoning

The court found that the suit is spent due to the delay in the process of transferring the plots and the boundary dispute between the plots and parcel No. 789. The court also dismissed the application to be joined as an interested party and set aside the orders.

Outcome

The suit is spent, and the court order the closure of the suit, the court le be closed.