Chege v County Government of Kajiado & another (Environment and Land Miscellaneous Application E010 of 2023) [2023] KEELC 19236 (KLR) (27 July 2023) (Ruling)
Neutral citation:
[2023] KEELC 19236 (KLR)
Republic of Kenya
Environment and Land Miscellaneous Application E010 of 2023
LC Komingoi, J
July 27, 2023
Between
John Ngugi Chege
Applicant
and
County Government Of Kajiado
1st Respondent
Zacharia Karanja
2nd Respondent
Ruling
1.This is the Notice of Motion dated March 13, 2023, brought under;
2.It seeks orders;
3.The grounds are on the face of the Application and are set out in paragraphs 1 to 4.
4.The application is supported by the Affidavit of Namada Simoni, Advocate for the Applicant sworn on the March 13, 2023.
5.The Application is opposed. There is a Replying Affidavit sworn by Jennifer Miano Advocate for the 2nd Respondent sworn on the May 19, 2023.
6.The Notice of Motion was canvassed by oral submissions on the June 13, 2023.
7.I have considered the Notice of Motion, the affidavit in support, the response thereto and the oral submissions. The issue for determination is whether this application is merited.
8.The Valuation Report by Standard property services shows that the subject property is valued at about Kshs 27,000,000/=. Land continues to appreciate in value.
9.There is no strong opposition to the application.
10.I find merit in this application and the same is allowed. The Ngong PM ELC NO 77 of 2018 is hereby transferred to this court for hearing and disposal.Costs be on the cause.
DATED SIGNED AND DELIVERED VIRTUALLY AT KAJIADO THIS DAY OF 27TH JULY 2023.L. KOMINGOIJUDGE.IN THE PRESENCE OF:N/A for Applicant.N/A for the Respondents.Court Assistant - Mutisya