Joseph Nderu Wangece & 8 others v Vincent Nyigi Nderitu & 3 others [2017] KEELC 3608 (KLR)
- Court
- Environment & Land Court
- Case number
- 3608
- Citation
- [2017] KEELC 3608 (KLR)
- Decided
- 24 January 2017
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeJudicial ReviewPostureApplication for leave to seek orders of certiorari and prohibition
Holding
The application is dismissed with costs
Facts
The applicants sought leave to institute judicial review proceedings against the judgment of Ombwayo J. in Nyeri High Court Petition No. 4 of 2012, challenging the possession of their land by the 1st respondent.
Issues
- Whether a decision of a superior court is subject to judicial review
- Whether the application is a collateral attack on the decision of the court in Nyeri High Court Constitutional Petition No. 4 of 2012
Reasoning
The court found the application to be misadvised and an abuse of the court process, as it sought to re-litigate the issue of title and ownership of the suit property which was already heard and determined by a court with competent jurisdiction.
Outcome
Dismissed with costs
Orders
- Certiorari and prohibition
Authorities cited
Legislation (3)
- Civil Procedure Act, Laws of Kenya
- Land Registration Act
- Law Reform Act, Cap 26, Laws of Kenya
Cases cited (2)
- Civicon Ltd v. Kenya Revenue Authority & Another (2014)eKLR
- Beta Healthcare International Ltd. v Commissioner of Customs, and 2 Ors. Nairobi HC Petition No. 125 of 2010 (per Majanja, J)
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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