Republic v Ministry of Lands and Settlement & 3 others Ex parte Kahareri Buri Karugu; Efureith Irima Mugo (Interested Party/Applicant) [2019] KEELC 28 (KLR)
- Court
- Environment & Land Court
- Case number
- 28
- Citation
- [2019] KEELC 28 (KLR)
- Decided
- 19 December 2019
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeJudicial ReviewPostureEx parte application for judicial reviewCoramY.M. ANGIMA
Holding
The court finds that the appeals were filed out of time and were therefore statute-barred, and quashes the proceedings and decision of the Minister.
Facts
The ex-parte applicant sought to quash proceedings and decision of the Minister and/or District Commissioner in Appeal Case Nos. 206/99, 228/04 Kirima Adjudication Section, alleging that the 1st and 2nd Respondents had filed their appeals out of time and relied on inconsistent evidence.
Issues
- Whether the appeals were filed within the prescribed time frame under the Land Adjudication Act
- Whether the appeals were based on inconsistent evidence
Reasoning
The court does not accept the Interested Party’s submission that the appeal was filed within time, as the evidence demonstrates that the appeal was filed several months after the decision of the Land Adjudication Officer.
Outcome
The ex-parte applicant's notice of motion is allowed.
Orders
- An order of Certiorari be and is hereby issued to remove into this court and quash the proceedings and decision of the Minister in Minister’s Appeal Case No. 206 of 1999 dated 20th December 2012.
- Each party shall bear his own costs.
Remedies
- Quashing of the proceedings and decision of the Minister
Authorities cited
Legislation (2)
- Land Adjudication Act (Cap 26)
- Civil Procedure Rules
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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