1. I am called upon to determine an application, dated 25th March 2025. It seeks cancellation of titles, and for fresh survey works to be done.
2. However, I note that there are ongoing proceedings, oral, founded on an application, dated 20th May 2024, for revocation of the grant.
3. I doubt that it would serve justice, to be cancelling titles and doing survey works, while proceedings for revocation of the grant are ongoing.
4. Let the applicant, in the application dated 25th March 2025, join the proceedings in the application dated 20th May 2024, so that the two applications can be heard and determined simultaneously.
DELIVERED VIA EMAIL, DATED AND SIGNED IN CHAMBERS, AT BUSIA, ON THIS 29TH DAY OF MAY 2025.
WM MUSYOKA
JUDGE
Mr. Arthur Etyang, Court Assistant.
Advocates
Mr. Joseph Juma, instructed by JV Juma & Company, Advocates for the applicant, in the application dated 25th March 2025.
Mr. Barasa Ouma, instructed by B.M. Ouma & Company, Advocates for the applicant in the application dated 20th May 2024.
Mr. Wanyama Onyango, instructed by Wanyama & Company, Advocates for the Objector.
2. However, I note that there are ongoing proceedings, oral, founded on an application, dated 20th May 2024, for revocation of the grant.
3. I doubt that it would serve justice, to be cancelling titles and doing survey works, while proceedings for revocation of the grant are ongoing.
4. Let the applicant, in the application dated 25th March 2025, join the proceedings in the application dated 20th May 2024, so that the two applications can be heard and determined simultaneously.
DELIVERED VIA EMAIL, DATED AND SIGNED IN CHAMBERS, AT BUSIA, ON THIS 29TH DAY OF MAY 2025.
WM MUSYOKA
JUDGE
Mr. Arthur Etyang, Court Assistant.
Advocates
Mr. Joseph Juma, instructed by JV Juma & Company, Advocates for the applicant, in the application dated 25th March 2025.
Mr. Barasa Ouma, instructed by B.M. Ouma & Company, Advocates for the applicant in the application dated 20th May 2024.
Mr. Wanyama Onyango, instructed by Wanyama & Company, Advocates for the Objector.