Republic v Land Adjudication Officer Ankamia Adjudication Section & 2 others Ex-Parte Solomon Mathiu Nabea [2018] KEELC 2592 (KLR)

Summary at a glance

Facts

The Applicant applied for an order of Certiorari to quash the decision of the 1st Respondent dated 9/11/12 in objection No. 541 over LR No. P/No. 1845 (suit land) situated in Ankamia Adjudication section. The 1st Interested Party opposed the application.

Issues

• 1st Respondent usurped the powers of the land committee in hearing the objection
• Ex-parte Applicant was denied a fair hearing
• 1st Respondent determined the matter un-procedurally, irregularly, unreasonably, irrationally, illegally and improperly

Reasoning

The court found that the 1st Respondent usurped the powers of the land committee and denied the ex-parte Applicant a fair hearing.

Outcome

Application granted

Orders

• Application Notice of Motion dated 29/1/13 be and is hereby allowed.
• The proceedings and the decisions made by the 1st Respondent on 9/11/12 in respect of the suit land in objection No. 541 are removed and called into this Court and quashed as prayed.

Remedies

• Quashing of the 1st Respondent's decision in objection No. 541

Authorities cited