Republic of Kenya v Charles Gichango Wanjohi & 3 others Ex Parte Andrew Kariuki Mutahi [2017] KEELC 3209 (KLR)
- Court
- Environment & Land Court
- Case number
- 3209
- Citation
- [2017] KEELC 3209 (KLR)
- Decided
- 2 February 2017
Summary at a glance
TypeJudicial ReviewPostureEx parte application for prohibition and certiorariCoramELC
The court finds that the applicant has not made up a case for issuance of an order of prohibition and that the Land Registrar had jurisdiction to determine the dispute.
Facts
The applicant, Andrew Kariuki Mutahi, sought an order of prohibition and certiorari against the Land Registrar Nyeri over disputed land parcels. The dispute was resolved in 2003 without appeal, and the Registrar had not made a decision by the time the application was filed.
Issues
- Whether an order of prohibition can issue to restrain what had already happened.
- Whether the Land Registrar had jurisdiction to determine the dispute.
- Whether the applicant has made up a case for the orders sought.
Reasoning
The court held that an order of prohibition cannot issue to restrain what has already happened, and that the Land Registrar had exceeded his mandate by arbitrating on a dispute that had been subject to arbitration.
Outcome
The application for an order of prohibition and certiorari was dismissed.
Authorities cited
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