RULING
1. This matter was coming up for hearing of the Plaintiff case.
2. There are two witnesses namely Alice Gisemba (the County Land Registrar) representing the Chief Land Registrar and Wilson Kibichii representing the Director of Survey.
3. The matter was confirmed for hearing by consent at 10:30am.
4. However, the Plaintiff did not appear at the time agreed and it is now 11:30am and still he has not appeared.
5. Efforts by Counsel for the defendant and the Court Assistant to get an explanation why Counsel for the Plaintiff is not in Court has been futile.
6. The Plaintiff did disclose to the Court his intention to file an Application for recusal of the judge.
7. However, no such Application has been filed and it is unfortunate that the Plaintiff’s advocate did intentionally avoid coming to count so as to forestall the hearing.
8. The Land Registrar and the representative for the Director of Survey are public officers whose time and efforts to attend Court for the purposes of justice should not be taken lightly.
9. In view of this conduct, the Court hereby directs the County Land Registrar to record an inhibition of the suit property known as Eldoret Municipality Block 10/2052 forthwith pending the hearing and determination of this suit.
10. Further, the Plaintiff herein is directed to deposit the ownership documents of the suit property known as Eldoret Municipality Block 10/2052 in Court with the Deputy Registrar Environment and Land Court within the next 7 days from today’s date.
11. The matter will be mentioned on 4.06.2026 to confirm compliance and take further directions.
12. The Plaintiff Counsel will pay the Court attendance costs of the Defendant for today assessed at Kshs.5,000 within the next 7 days from today’s date.
IN THE PRESENCE OF;
Court Assistant: Brian
Plaintiff: Mr. Momanyi
Defendant: Ms. Chesoo
| ELC.227 of 2014 RULING2 |