Republic v Cabinet Secretary Ministry of Lands and Physical Planning Ex parte Hezbon Odhiambo Ongany; Lucas Oloo Owiti (Interested Party) [2020] KEELC 2525 (KLR)
- Court
- Environment & Land Court
- Case number
- 2525
- Citation
- [2020] KEELC 2525 (KLR)
- Decided
- 22 May 2020
The court held that the Respondent considered irrelevant matters in arriving at its decision and the findings of the Minister are incapable of being enforced.
Facts
The ex-parte Applicant filed a Notice of Motion Application seeking an order of Certiorari to remove a decision of the Minister awarding parcel of land No. KISUMU/NYAMWARE/3411 to Alfred Nyateng Muga or his successors. The ex-parte Applicant claims he is the administrator of the estate of Tobias Ongany Okuom (deceased) and the family of the Interested Party objected to the registration of the suit parcel in the deceased's favour. The Interested Party appealed the objection proceedings, raising irrelevant grounds of appeal.
Issues
- Whether the Respondent considered irrelevant matters in arriving at its decision
- Whether the findings of the Minister are capable of being enforced
Reasoning
The court found that the Respondent misdirected himself by considering cases that were subject to different parcels of land, which were irrelevant to the suit parcel.
Outcome
The ex-parte Applicant's application for Certiorari was granted.
Orders
- The decision of the Minister awarding parcel of land No. KISUMU/NYAMWARE/3411 to Alfred Nyateng Muga or his successors was quashed.
Authorities cited
Cases cited (1)
- African Court Case No. 57/1930 and appeal No. 67/1931
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