Republic v Ronald Barasa, National Land Commission, Land Registrar Trans Nzoia & Cabinet Secretary, Lands Housing & Urban Development [2017] KEELC 128 (KLR)
- Court
- Environment & Land Court
- Case number
- 128
- Citation
- [2017] KEELC 128 (KLR)
- Decided
- 24 August 2017
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeMiscellaneous Civil ApplicationPosturePreliminary Objection DismissedCoramMwangi Njoroge
Holding
The Chamber Summons is struck out for failure to comply with Order 53 rule 1(2). Costs shall be borne by applicants.
Facts
The ex parte applicants filed a Chamber Summons seeking to restrain the Land Registrar Trans-Nzoia and the National Land Commission from registering parcels excised from LR No. 2198/1 and issuing titles to others.
Issues
- The application is incurably defective for want of form.
- The matter pleaded by the applicant are sub-judice.
- The orders sought by the applicant are res judicata.
- The application is an abuse of the court process.
Reasoning
The court found the Chamber Summons fatally flawed due to lack of evidence and compliance with procedural rules. The application is dismissed.
Outcome
The Chamber Summons is struck out.
Orders
- The Chamber Summons dated 4/10/2016 is struck out.
- Costs shall be borne by applicants.
Authorities cited
Legislation (2)
- Civil Procedure Rules, Order 53 Rule 1(2)
- Judicial Review of Administrative Actions in Kenya. Law and Procedure by P. L. O. Lumumba and P. O. Kaluma
Cases cited (2)
- R v. Wandsworth Justices, Viscount Caldecote CJ
- Tana River Pastoralists Development Organization & 4 Others V National Environment Management Authority & 6 Others [2009] eKLR
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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