Republic v District Land Disputes Tribunal Mukurweini & 2 others ex parte Esther Kirigo Wanjohi [2017] KEELC 3325 (KLR)
- Court
- Environment & Land Court
- Case number
- 3325
- Citation
- [2017] KEELC 3325 (KLR)
- Decided
- 22 March 2017
AI Summary
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TypeCertiorari and ProhibitionPostureEx parte application for certiorari and prohibitionCoramL N WAITHAKA
Holding
The ex parte applicant's application for certiorari and prohibition is allowed as the proceedings before the Land Dispute Tribunal were irregular and unlawful.
Facts
The ex parte applicant, Esther Kiringo Wanjohi, sought to challenge the Land Dispute Tribunal's award on the grounds that the proceedings were irregular and unlawful due to the estate of the deceased applicant's husband not being a party to the suit.
Issues
- Irregularity and unlawfulness of the proceedings before the Land Dispute Tribunal
- Denial of natural justice to the estate of the deceased applicant's husband
Reasoning
The court found that the proceedings were irregular and unlawful due to the estate of the deceased applicant's husband not being a party to the suit, and that the Tribunal denied the estate an opportunity to be heard.
Outcome
Allowing the ex parte applicant's application for certiorari and prohibition
Orders
- Requesting the Land Registrar to visit the site and determine the access road
- Each party to meet their own costs
Remedies
- Granting the ex parte applicant the orders sought
Authorities cited
Legislation (1)
- Law of Succession Act, Cap 160 Laws of Kenya
Cases cited (1)
- Kenya National Examination Council V. Republic Ex parte Geoffrey Gathenji Njoroge and others, Civil Appeal No. 266 of 1996
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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