Kenya Agricultural Research Institute v Commissioner of Lands & another (Civil Application 5 of 2018) [2023] KECA 552 (KLR) (12 May 2023) (Ruling)
- Court
- Court of Appeal
- Case number
- 552
- Citation
- [2023] KECA 552 (KLR)
- Decided
- 12 May 2023
The application is dismissed with costs to the respondent.
Facts
Kenya Agricultural Research Institute filed an application for certification to appeal against the judgment of the Court of Appeal of Kenya at Nairobi, arguing that the appeal involves a matter of general public importance regarding the ownership of competing claims to land and the appropriateness of using Judicial Review as a method to resolve such disputes. The application was opposed by the Commissioner of Lands, who stated that the suit property was not government land.
Issues
- whether the proposed appeal involves a matter of general public importance
- whether a summary procedure such as Judicial Review is the appropriate method of resolving disputes over land ownership
Reasoning
The court found that the issues raised by the applicant were not of general public importance and that the applicant failed to demonstrate a substantial miscarriage of justice. The court also noted that mere apprehension of miscarriage of justice is not a proper basis for granting certification for an appeal to the Supreme Court.
Outcome
Dismissed
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