Oloololo Game Ranch Ltd v The National Land Commission & 2 others

3. That pending the hearing and determination of this Application interparties conservatory orders do issue and be directed at the 1 st Respondent the 1st, 2nd and 3rd Interested parties, their agents or anyone authorized by them respectively or acting under them- to stay the implementation of the 1st Respondent’s decision contained in the Kenya Gazette notice dated 1 st March, 2019 or any other subsequent notice that may be issued by the 1st Respondent relating to the suit property. 4. That pending the hearing and determination of this application interparties orders do issue and be directed at the 1 st Respondent prohibiting it, its agents or anyone authorized by it or acting under it from issuing any subsequent notice/s in relation to the suit property. 5. That pending the hearing and determination of this Application interparties orders do issue and be directed at the 2 nd Respondent prohibiting it, its agents or anyone authorized by it or acting under it from lodging, publishing or in any way commenting on the Petitioner’s ownership of title in relation to the suit property. 6. That pending the hearing and determination of the petition orders do issue staying the decision of the 1 st Respondent contained in the Kenya Gazette Notice dated 1 st March, 2019 or any other subsequent notice that may be issued by the 1 st Respondent relating to the suit property. 7. That pending the hearing and determination of the petition conservatory orders do issue and be directed at the 1 st Respondent, the 1st, 2nd and 3rd interested parties, their agents or anyone authorized by them respectively or acting under them-to stay the implementation of the 1st Respondent’s decision contained in the Kenya Gazette Notice dated 1 st March, 2019 or any other subsequent notice that may be issued by the 1st Respondent relating to the suit property. 8. That pending the hearing and determination of the petition orders do issue and be directed at the 1 st Respondent prohibiting it, its agents or anyone authorized by it or acting under if from issuing any subsequent notice/s in relation to the suit property. 9.That pending the hearing and determination of the petition orders do issue and be directed at the 2 nd Respondent prohibiting it, its agents or anyone authorized by it or acting under it from lodging, publishing or in any way commenting on the petitioner’s ownership of title in relation to the suit property. 10. Any such further relief be granted to the Applicant as the court deems fit. 11. Costs of this application be provided for. The Petition was opposed by the respondents by way of replying affidavit. I have considered the Petitioner’s Notice of Motion dated 5 th April, 2020 together with the submissions filed and the respondents’ affidavit who have failed to file any submissions though they were granted leave and a number of chances and at this stage what is there for my determination is whether the petitioner have satisfied the conditions for the grant of conservatory orders pending the hearing and determination of the substantive petition. Having considered the substantive petition, I have no doubt that it shall serve the interest of justice to ensure that the suit property is conserved pending the hearing and determination of the petition and in the circumstance I find that the notice of motion dated 5 th March, 2019 is merited and I accordingly allow the same in the following terms:1. That pending the hearing and determination of the petition orders do issue staying the decision of the 1 st Respondent contained in the Kenya Gazette Notice dated 1 st March, 2019 or any other subsequent notice that may be issued by the 1 st Respondent relating to the suit property. 2. That pending the hearing and determination of the petition conservatory orders do issue and be directed at the 1 st Respondent, the 1st, 2nd and 3rd interested parties, their agents or anyone authorized by them respectively or acting under them-to stay the implementation of the 1st Respondent’s decision contained in the Kenya Gazette Notice dated 1 st March, 2019 or any other subsequent notice that may be issued by the 1st Respondent relating to the suit property. 3. That pending the hearing and determination of the petition orders do issue and be directed at the 1 st Respondent prohibiting it, its agents or anyone authorized by it or acting under if from issuing any subsequent notice/s in relation to the suit property. 4. That pending the hearing and determination of the petition orders do issue and be directed at the 2 nd Respondent prohibiting it, its agents or anyone authorized by it or acting under it from lodging, publishing or in any way commenting on the petitioner’s ownership of title in relation to the suit property. 5. Costs of the application be to the petitioner. DATED, SIGNED and DELIVERED in open court at NAROK on this 1st day of July, 2020 Mohammed Kullow

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Judge 1/7/2020 in the presence of: CA:Chuma Mr. Kemboy for the petitioner N/A for the respondents Mohammed Kullow Judge 1/7/2020

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