Environment & Land Petition 009 of 2021

Case Metadata
Case Number:	Environment & Land Petition 009 of 2021
Parties:	Sorcha v Muhidin & 2 others
Date Delivered:	17 Jul 2023
Case Class:
Court:	Environment and Land Court at Isiolo
Case Action:	Ruling
Judge(s):	Peter Muchoki Njoroge
Citation:	Sorcha v Muhidin & 2 others (Environment & Land Petition 009 of 2021) [2023] KEELC 18808 (KLR) (17 July 2023) (Ruling)
Advocates:	Caleb Mwiti holding brief for Ondari for the Applicant/Petitioner, Benjamin Kimathi present for the 4{{^th}} for the 4th for the 4th defendant
Court Division:	Environment and Land
County:	Isiolo
Advocates:	Caleb Mwiti holding brief for Ondari for the Applicant/Petitioner, Benjamin Kimathi present for the 4{{^th}} for the 4th for the 4th defendant
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

Case Metadata

Case Number:

Parties:

Sorcha v Muhidin & 2 others

Date Delivered:

17 Jul 2023

Case Class:

Court:

Environment and Land Court at Isiolo

Case Action:

Ruling

Judge(s):

Peter Muchoki Njoroge

Citation:

Sorcha v Muhidin & 2 others (Environment & Land Petition 009 of 2021) [2023] KEELC 18808 (KLR) (17 July 2023) (Ruling)

Advocates:

Caleb Mwiti holding brief for Ondari for the Applicant/Petitioner, Benjamin Kimathi present for the 4{{^th}} for the 4th for the 4th defendant

Court Division:

Environment and Land

County:

Isiolo

Advocates:

Caleb Mwiti holding brief for Ondari for the Applicant/Petitioner, Benjamin Kimathi present for the 4{{^th}} for the 4th for the 4th defendant

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

Sorcha v Muhidin & 2 others (Environment & Land Petition 009 of 2021) [2023] KEELC 18808 (KLR) (17 July 2023) (Ruling)

Neutral citation: [2023] KEELC 18808 (KLR)

Republic of Kenya

In the Environment and Land Court at Isiolo

Environment & Land Petition 009 of 2021

PM Njoroge, J

July 17, 2023

Between

Ali Guyo Sorcha

Plaintiff

and

Noor Muhidin

1^st Respondent

County Government Of Marsabit

2^nd Respondent

Attorney General

3^rd Respondent

Ruling

1.On the face of this application, it is stated that it has been brought to court under Order 22 Rule 29 (i) of the Civil Procudure Rules AND Section 1A, 1B & 3A of the Civil Procedure Act, Cap 21 of the Laws of Kenya and Part III of the High Court Practice Rules and all other enabling provisions of the law.

2.The application seeks the following orders;a.It is hereby declared that the actions by the respondents to take away the Petitioner’s Plot No. 747, Marsabit Town, were irregular, unlawful and null and void ab initio.b.An order id hereby issued directing the 2^nd and 3^rd respondents to revert Plot No. 127 back to the Petitioner.c.An order is hereby granted quashing the proceedings and decision of the purported committee on land which allegedly took place in 1998.d.A mandatory permanent injunction is hereby issued restraining the 1^st and 2^nd respondents, their agents and assignees from entering, encroaching, upon or in any way interfering with the quiet possession by the Plaintiff of Plot No. 127 Marsabit Town.

3.The application is supported by the affidavit of Adhi Ali Sorcha sworn on 2^nd December, 2022 and has the following grounds;

4.This is a matter where the applicant seeks that the court facilitates the completion of this case by allowing the applicant to enjoy the fruits of the Judgement delivered by this court in his favour. The applicant says that despite Judgement having been delivered in his favour, the respondents have continued to occupy the suit land. He opines that litigation must at some point come to an end. I agree.

5.Taking into account that Judgement was delivered on 20^th June, 2022 over 1 year ago, I find that the orders sought by the applicant are merited.

6.The respondents did not file submissions.

7.In the circumstances, I issue the following orders; -a.Prayers 2,3 and 4 are hereby granted.b.Costs shall follow the event and are awarded to the applicants.

DELIVERED IN OPEN COURT AT ISIOLO THIS 17^TH DAY OF JULY, 2023 IN THE PRESENCE OF;Court Assistant: BaloziCaleb Mwiti holding brief for Ondari for the Applicant/Petitioner.Benjamin Kimathi present for the 4^th for the 4^th defendant.Other parties not present.HON. JUSTICE P.M NJOROGEJUDGE

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