Republic v Lands Demarcation Officer Amwathi/Maua Adjudication Unit & another; M’birithia Kithongo & 8 others (Interested Parties) Ex parte M’ Lingera M’tuaruchiu [2019] KEELC 26 (KLR)
- Court
- Environment & Land Court
- Case number
- 26
- Citation
- [2019] KEELC 26 (KLR)
- Decided
- 10 December 2019
Summary at a glance
TypeJudicial ReviewPostureEx parte application for leave to challenge a decision and for orders of prohibition and certiorariCoramHON. LUCY. N. MBUGUA, ELC JUDGE
The Preliminary objection by the 1st and 3rd interested parties is dismissed with costs to the ex-parte applicant.
Facts
The ex-parte applicant filed an application for leave to challenge a decision made by the 2nd Respondent in objection case no. 668/97, seeking orders of prohibition and certiorari.
Issues
- Whether the Notice of Motion application was filed contrary to the provisions of Order 53 Rule 7 of the Civil Procedure Rules
- Whether the decision sought to be quashed was verified by an affidavit as required by Order 53 Rule 7 of the Civil Procedure Rules
- Whether the interested parties were properly served with the pleadings and were party to the decision
Reasoning
The application was well placed and within the provisions of the Civil Procedure Rules. The applicant satisfied the threshold required under Order 53 Rule 7 of the Civil Procedure Rules by attaching a copy of the decision.
Outcome
The ex-parte applicant's application for leave to challenge the decision and for orders of prohibition and certiorari is granted.
Orders
- The court directs that the application be heard on priority basis.
Authorities cited
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