Republic v District Commissioner (As Chairman Meru Central Land Dispute Tribunal) & another Exparte Mwitaiti Mugwika; Margaret Marete (Interested Party) [2020] KEELC 3268 (KLR)
- Court
- Environment & Land Court
- Case number
- 3268
- Citation
- [2020] KEELC 3268 (KLR)
- Decided
- 11 March 2020
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeJudicial ReviewPostureApplication for Judicial Review OrdersCoramP. M. NJOROGE
Holding
The dismissal order of 20.1.2020 is set aside.
Facts
The applicant sought the setting aside of a dismissal order concerning an application filed on 5th March, 2019. The suit land had been subdivided into 4 portions, making the judgment unexecutable.
Issues
- Dismissal order of 20.1.2020
- Compliance with court order of 22.2.2019
- Irreparable damages
Reasoning
The applicant had complied with the court order of 22.2.2019, and the court was not apprised of the act of compliance. The applicant will suffer irreparable damages if the order is not set aside.
Outcome
The application is granted.
Orders
- The dismissal order of 20.1.2020 is set aside.
- The application is heard by the Honourable Lucy Mbugua, ELC Judge at Meru on 24th March, 2020.
Remedies
- To set aside the dismissal order of 20.1.2020.
Authorities cited
Legislation (3)
- Law Reform Act Cap 26 Laws of Kenya
- Registered Land Act Cap 300 Laws of Kenya
- Land Disputes Tribunal Act No. 18/90
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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