Republic v Commissioner of Lands, Kenya Agricultural Research Institute Ex-parte Renege Project Ltd [2018] KECA 864 (KLR)
- Court
- Court of Appeal
- Case number
- 864
- Citation
- [2018] KECA 864 (KLR)
- Decided
- 26 January 2018
The Court of Appeal held that the High Court Judge erred in not making a finding on jurisdiction at the preliminary stage and in not considering the merits of the Judicial Review Application.
Facts
The appellant, Renege Project Ltd, sought judicial review against the Commissioner of Lands and Kenya Agricultural Research Institute for allotting land to the latter despite the appellant being the registered owner. The 1st and 2nd respondents argued that the appellant's remedy was in private law.
Issues
- Whether the High Court Judge had jurisdiction to entertain the land ownership dispute within a judicial review application.
- Whether the High Court Judge erred in finding that the appellant's remedy lay in private law and thus downing its tools.
Reasoning
The Court of Appeal ruled that the issue of whether a public officer could allocate land that is privately owned is a matter of public law, not private law, and that the High Court Judge should have made a determination on jurisdiction before hearing the merits of the case.
Outcome
Affirmed the High Court's dismissal of the application.
Authorities cited
Legislation (1)
- Fair Administrative Action Act 2015
Cases cited (2)
- Selle and another v Associated Motor Boat Company Ltd and others [1968] 1 EA 123 (CAZ)
- Owners of the Motor Vessel „Lillian S? v Caltex Oil (Kenya) Ltd [1989] KLR 1
Loading judgment…