Case Metadata |
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| Case Number: | Miscellaneous 001 of 2021 |
|---|---|
| Parties: | Timothy G Woche v Soka Gache |
| Date Delivered: | 14 Dec 2021 |
| Case Class: | Civil |
| Court: | Environment and Land Court at Isiolo |
| Case Action: | Ruling |
| Judge(s): | Peter Muchoki Njoroge |
| Citation: | Timothy G Woche v Soka Gache [2021] eKLR |
| Advocates: | Ondari for the Applicant |
| Court Division: | Environment and Land |
| County: | Isiolo |
| Advocates: | Ondari for the Applicant |
| History Advocates: | One party or some parties represented |
| Case Outcome: | Suit directed |
| 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 ISIOLO
E.L.C MISC. NO. 001 OF 2021
TIMOTHY G WOCHE..................................................................PLAINTIFF
VERSUS
SOKA GACHE...........................................................................DEFENDANT
RULING
1. This matter has been brought to court vide an exparte Originating Summons dated 26th March, 2021.
The summons states as follows:
EXPARTE ORIGINATING SUMMONS
1. THAT the applicant be and is hereby granted leave by this Honourable court to file suit out of time against SOKA GACHE seeking cancellation of L.R NO. MARSABIT/JIRME/1413 and amalgamation of the same to the original L.P NO. MARSABIT/JIRME 525 respectively.
2. THAT the costs of this application be costs in the main intended suit.
UPON THE GROUNDS THAT:-
a) The intended suit will be based on the (Sic) fraud.
b) That the discovery was in 2008, after the death of the mother (the late NAOMI SUBO STEPHEN GACHE)
c) That in 2009, the intended defendant filed a case against a third party one NASSIR CHUTE which he lost
d) That its in 2016, that the applicant discovered that title deed NO. MARSABIT/JIRME/1413, has been issued to the intended defendant, AND that the said title was hived off from the original Land Reference MARSABIT/JIRME/525 respectively.
e) THAT, the intended suit seeks to have NO. MARSABIT/JIRME/1413, cancelled and the portion amalgamated with original MARSABIT/JIRME/525
f) THAT, the intended suit being based on fraud, the 3 years limitation period is over.
2. I have perused the pleadings and at this exparte stage do allow prayer 1 in the summons and hereby grant leave to the applicant to file suit against the respondent within 21 days of today.
3. The applicant is further directed to ensure that SOKA GACHE the registered owner of LR. NO. MARSABIT/JIRME/1413 is enjoined in this suit.
4. Upon filing the intended suit, the applicant is directed to serve the respondent and SOKA GACHE within 7 days after the suit is filed.
DELIVERED IN OPEN COURT AT ISIOLO THIS 14TH DAY OF DECEMBER, 2021 IN THE PRESENCE OF:
COURT ASSISTANT: BALOZI
ONDARI FOR THE APPLICANT
......................................................
HON. JUSTICE P M NJOROGE
E & L JUDGE, ISIOLO
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