Ashon Sikolia Wanyonyi & 2 others v Benjamin Barasa Wafula & 4 others; National Chief Land Registrar & 56 others (Defendants) [2020] eKLR Case Summary

Court
Environment and Land Court at Busia
Category
Civil
Judge(s)
A. Omollo
Judgment Date
October 15, 2020
Country
Kenya
Document Type
PDF
Number of Pages
3
Explore the case summary of Ashon Sikolia Wanyonyi & 2 others v Benjamin Barasa Wafula & 4 others, focusing on land registration issues. Stay informed on legal precedents established in 2020.

Case Brief: Ashon Sikolia Wanyonyi & 2 others v Benjamin Barasa Wafula & 4 others; National Chief Land Registrar & 56 others (Defendants) [2020] eKLR

1. Case Information:
- Name of the Case: Ashon Sikolia Wanyonyi & 3 Others v. Benjamin Barasa Wafula & 56 Others
- Case Number: ELC No. 59 of 2018 (formerly Bungoma HCC Case No. 146 of 2012)
- Court: Environment & Land Court at Busia
- Date Delivered: October 15, 2020
- Category of Law: Civil
- Judge(s): A. Omollo
- Country: Republic of Kenya

2. Questions Presented:
The court must resolve several central legal issues, including whether the orders issued on September 30, 2019, should be set aside due to the alleged non-compliance by the 3rd Plaintiff, and whether the 2nd to 4th Applicants should be allowed to maintain their sugarcane plantations during the ongoing litigation.

3. Facts of the Case:
The plaintiffs, Ashon Sikolia Wanyonyi, Patrick Kisaka Muniafu, and Luka Makokha Wanyonyi, claim ownership of certain parcels of land (L.R. No. Ndivisi/Muchi 1122, 1124, 1125, 1127) against the respondents Benjamin Barasa Wafula, Alfred Mandu Tera, and others, who are contesting this ownership. The dispute centers around the maintenance of sugarcane plantations on the disputed land, with allegations that the 3rd Plaintiff has been damaging the crops by allowing cattle to graze on them.

4. Procedural History:
The case has progressed through various stages in the court system, with the most significant developments occurring on September 30, 2019, when the court allowed the 3rd Plaintiff to maintain the sugarcane pending judgment. However, the 1st Respondent filed an application on May 7, 2020, seeking to set aside these orders, claiming the 3rd Plaintiff's non-compliance. The application was not defended by the Respondents, and the court ultimately dismissed it on October 15, 2020, citing a lack of sufficient grounds for the requested relief.

5. Analysis:
- Rules: The court considered relevant provisions under the Civil Procedure Act, particularly Section 80 and Order 45, which govern the review of court orders based on mistakes, new evidence, or sufficient cause.
- Case Law: The applicants referenced Eldoret Misc. App. No. 255 of 1995, which dealt with issues of land disputes and the rights of original proprietors versus government claims. The relevance lies in establishing a precedent for the court's authority to address land ownership and the implications of government actions on private land rights.
- Application: The court found that the applicants did not provide compelling evidence of the 3rd Plaintiff's non-compliance with the court's orders. Furthermore, it noted that the appropriate recourse for any alleged breach was to file a contempt application rather than seek to set aside previous orders. The court concluded that the applicants failed to demonstrate any error or mistake in the prior rulings.

6. Conclusion:
The court dismissed the application to set aside the orders issued on September 30, 2019, determining that the applicants did not meet the legal standards required for such relief. This ruling underscores the importance of adhering to court orders and the procedures for challenging them, reinforcing the principle that courts will not lightly revisit their previous decisions without substantial justification.

7. Dissent:
There were no dissenting opinions noted in this case as the ruling was delivered by a single judge.

8. Summary:
The court's decision in Ashon Sikolia Wanyonyi & 3 Others v. Benjamin Barasa Wafula & 56 Others highlights the complexities of land disputes in Kenya, particularly regarding compliance with court orders and the appropriate legal avenues for addressing grievances. The dismissal of the application serves as a reminder of the necessity for parties to follow procedural rules and the significance of maintaining the integrity of court decisions.

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