Meshack Miriti Ngeera v Land Adjudication & Settlement Officer; Solomon K. Muthuri (Interested Party) [2019] KEELC 2987 (KLR)

Facts

The Ex-parte Applicant, Meshack Miriti Ngeera, sought to quash the decision of the Land Adjudication and Settlement Officer regarding Land Reference No. 514 Adjudication Akaiga Section, claiming the decision was made without jurisdiction.

Issues

1. Whether the Land Adjudication and Settlement Officer had the jurisdiction to determine the objection.
2. Whether the Applicant had the right to pursue the interest in the suit land without obtaining letters of administration.

Reasoning

The Court held that the remedy of Judicial Review is concerned with the decision-making process and not the merits of the decision itself. The Adjudication and Settlement Officer had the jurisdiction to determine the objection, and the Applicant did not need letters of administration to pursue the interest in the suit land.

Outcome

The Notice of Motion dated 20th July 2016 is hereby dismissed with costs.

Authorities cited