RULING
1. The Application dated 12.05.2026 was to allow the 1st Respondent the ability to set-aside the determination in issue and be able to hear the same afresh in compliance with the rules and regulations provided for in the National Land Commission Act.
2. However, this is only possible if the determination in issue is rescinded and/or set-aside by the 1st Respondent.
3. The failure to file a letter or resolution setting aside and/or rescinding the determination in issues renders the 1st Defendant functus officio.
4. As such, the order sought however cannot be granted in the existence of the determination in issue.
5. Consequently, the application is hereby dismissed.
6. The costs of the application will abide the outcome of the main Petition.
IN THE PRESENCE OF;
Court Assistant: Brian
Plaintiff: Mr. Mukhabane for the Petitioners
Defendant: Ms. Obino for the 1st Respondent
Ms.Obino holding brief Ms. Odeyo for the 2nd Respondent
Ms. Nyonje for the 3rd Respondent
| ELC.PET 7 of 2020 RULING1 |