LEPAPA OLE KISOTU v NTULELE GROUP RANCH & ANOTHER EX-PERTE SANKALE OLE KISOTU & 10 OTHERS [2007] KEHC 2800 (KLR)
- Court
- High Court of Kenya
- Case number
- 2800
- Citation
- [2007] KEHC 2800 (KLR)
- Decided
- 17 May 2007
The Notice of Preliminary Objection on a point of law brought up by Lepapa Ole Kisotu is dismissed with costs. The Respondents' Notice of Motion will be heard on a date acceptable to the parties and convenient to the Court.
Facts
The applicants are interested parties who have been threatened with eviction from lands they have occupied and shared with their livestock. The Deputy Registrar had no jurisdiction over the matter.
Issues
- Lack of jurisdiction of the Deputy Registrar
- Violation of statute by filing Notice of Motion outside the prescribed period
Reasoning
The Deputy Registrar had no jurisdiction over the matter, and the violation of the statute by filing the Notice of Motion outside the prescribed period is a clear violation.
Outcome
The Notice of Preliminary Objection on a point of law is dismissed with costs. The Respondents' Notice of Motion will be heard on a date acceptable to the parties and convenient to the Court.
Orders
- The Respondents' Notice of Motion will be heard on a date acceptable to the parties and convenient to the Court.
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