Musa Ngaitii v The District Land Adj. & Settlement Officer, Tigania & Igembe & 1 other

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MERU MISC. APPLICATION N 97 OF 2008 MUSA NGAITII.........................................................................APPLICANT/EX-PARTE APPLICANT VERSUS THE DISTRICT LAND ADJ. & SETTLEMENT OFFICER, TIGANIA & IGEMBE......1ST RESPONDENT M'MBAU THAMBAU................................................................2ND RESPONDENT /INTEREST PARTY RULING This application is dated 12th February, 2016. It is premised upon Section 3 and 3A of the Civil Procedure Act and Order 22 Rule 29 (1) of the Civil Procedure Rules. It seeks orders:1. THAT the honourable Court do order the Land Registrar, Meru North, and the District Surveyor, Meru North, to implement this Court Order of certiorari dated 22nd September,2015 annexed herein. 2. THAT the Honourable Court be pleased to order restriction placed by Respondent on land parcel No. MERU NORTH/ATHINGA/ATHANJA/2639 be raised . 3. Costs of this application be provided. The application is buttressed by the affidavit of the applicant, Musa Ngaitii and has the following grounds:1. THAT when the Ex-parte Applicant filed application for Judicial Review the Adjudication Register of Athinga/Athanja Land Adjudication Section had not been closed but now it was closed and Lands Registered. 2. THAT the 1st Respondent cannot implement the order of the Court dated 22.09.2015 for all his functions were transferred to the Land Registry and Survey Department upon registration of Land in Athinga/ Athanja Land Adjudication Area. 3. THAT the restriction has been overtaken by events after this Court order. I find that the application is meant to implement an order of this Court. In the circumstances, the application is allowed.

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