Republic v Demarcation Officer Ankamia Adj Section & 2 others Exparte John Manyani M’ Mukiri; Daniel Kithambi & another (Interested Parties) [2019] KEELC 1404 (KLR)
- Court
- Environment & Land Court
- Case number
- 1404
- Citation
- [2019] KEELC 1404 (KLR)
- Decided
- 9 October 2019
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeJudicial ReviewPostureApplication for MandamusCoramANKAMIA AD, HON. LUCY. N. MBUGUA
Holding
The suit is merited and an Order of Mandamus is granted compelling the respondents to implement the decision.
Facts
The applicant seeks an order compelling the respondents to implement a decision made by the Land Adjudication Officer regarding A/R objections Nos. 1673 and 1062, by adhering to the sketch map drawn by the area land committee.
Issues
- Whether the applicant has met the threshold to warrant the orders sought.
- Whether the respondents are obligated to implement the decision.
Reasoning
The case is similar to Republic v Land Adjudication Officer Meru South/Maara Districts & 2 others Ex-parte Zachary Njeru Mugambi & 2 others [2018] eKLR. Five years have passed since the determination of the A/R objections without implementation.
Outcome
The applicant is granted an Order of Mandamus.
Orders
- An Order of Mandamus compelling the 1st and 2nd Respondents to strictly and fully implement the decision made by the Land Adjudication Officer on 27th November 2012, by adhering to the sketch map drawn by the area land committee in committee case No. 19/81.
- The respondent bears the costs of this suit to be paid to both Ex-parte Applicant and Interested Party.
Remedies
- Mandamus
Authorities cited
Legislation (1)
- Civil Procedure Act
Cases cited (1)
- Republic v Land Adjudication Officer Meru South/Maara Districts & 2 others Ex-parte Zachary Njeru Mugambi & 2 others [2018] eKLR
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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