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 2nd and 3rd 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 1st and 2nd 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 2nd 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 20th 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.