Civil Case 44 of 2010

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PHILIP KIPRONO CHEBOSIR v CHIEF LAND REGISTRAR & another [2010] eKLR

Case Metadata
Case Number:	Civil Case 44 of 2010
Parties:	PHILIP KIPRONO CHEBOSIR v CHIEF LAND REGISTRAR & ATTORNEY GENERAL
Date Delivered:	08 Dec 2010
Case Class:	Civil
Court:	High Court at Kericho
Case Action:	Ruling
Judge(s):	George Benedict Maina Kariuki
Citation:	PHILIP KIPRONO CHEBOSIR v CHIEF LAND REGISTRAR & another [2010] eKLR
Case Summary:	..
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 HIGH COURT OF KENYA

AT KERICHO

CIVIL CASE NO. 44 OF 2010

PHILIP KIPRONO CHEBOSIR .....................................................................................................PLAINTIFF

VERSUS

THE CHIEF LAND REGISTRAR..........................................................................................1^ST DEFENDANT

THE ATTORNEY GENERAL...............................................................................................2^ND DEFENDANT

RULING

The suit herein is pending. It was commenced on 7^th July, 2010 by Philip Kiprono Chebosir as Plaintiff against the Chief Land Registrar and the Attorney General as the 1^st and 2^nd Defendants respectively. The Plaintiff avers in the suit that he is registered as proprietor as lesee from the Government of the Republic of Kenya for a term of 99 years from 1^st August, 1996 in respect of the parcels of land tabulated in paragraph 6 of the Plaint and in prayer(a) of the Plaint. The Plaintiff alleges that on 8^th August, 2000 the 1^st Defendant caused to be registered against the titles to the said parcels of land restrictions to the effect that “no dealings without the consent of the Chief Land Registrar –see his letter No. KCO/A/12/Vol. II/228 of 2^nd August, 2000”. It is on account of this that the Plaintiff seeks in the suit an order directing the Chief Land Registrar and Kericho District Land Registrar to remove the said restrictions.

The Attorney General went on record in this suit on 1^st September, 2010 when he filed a Memorandum of appearance dated 18^th August, 2010 signed by Muthoni Kimani, Senior Deputy Solicitor General.

The Plaintiff now seeks in his application dated 7^th July, 2010 an order directing the Chief Land Registrar to remove the said restrictions. If the order is granted, it will effectively dispose of the suit before the suit is set down for trial. As the Defendants have indicated their intention to defend, should the court grant the order sought in the application which proceeded ex parte? The Attorney General was served on 13^th August, 2010 with the application but filed neither grounds of opposition nor a replying affidavit.

Because the order sought in the application is not interlocutory, but rather a final order such as is sought in the suit which is yet to be heard, I decline to grant it. I direct that steps be taken to set down the suit for hearing. The application is dismissed. I make no order as to costs.

DATED at KERICHO this 8^th day of December 2010

G.B.M. KARIUKI, SC

RESIDENT JUDGE

COUNSEL APPEARING

Mr. Oboso Advocate for the Plaintiff/Applicant

N/A by the Attorney General

Court Clerk – Mr. Bett

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