Republic v Attorney General & others Ex-Parte Gitonga Wambugu Kariuki [2018] KEELC 1479 (KLR)
- Court
- Environment & Land Court
- Case number
- 1479
- Citation
- [2018] KEELC 1479 (KLR)
- Decided
- 3 October 2018
Summary at a glance
The Notice of Motion dated 12th August, 2013 should not be struck out.
Facts
The ex parte applicant filed a Notice of Preliminary Objection dated 27th September, 2013, challenging the Notice of Motion dated 12th August, 2013, filed by the Interested Parties. The ex parte applicant claims the Notice of Motion is flawed due to lack of privity of contract and locus standi.
Issues
- Whether the Notice of Motion dated 12th August, 2013 should be struck out.
- Whether the Interested Parties have privity of contract and locus standi to institute a claim at the Land Disputes Tribunal.
Reasoning
The Court held that the Interested Parties are merely seeking to be heard, which is their Constitutional right. The ex parte applicant's claim that the Notice of Motion is flawed due to lack of privity of contract and locus standi is not sufficient to strike out the Notice of Motion.
Outcome
The Notice of Motion dated 12th August, 2013 should not be struck out.
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