Leseru Tebeson Farmers Society v Chief Registrar of Titles, Nairobi & another [2020] KEELC 3487 (KLR)
- Court
- Environment & Land Court
- Case number
- 3487
- Citation
- [2020] KEELC 3487 (KLR)
- Decided
- 5 February 2020
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeMiscellaneous ApplicationPostureRespondent opposed, applications brought to the court for hearing and determinationCoramS. M. KIBUNJA
Holding
The order of October 24, 2019 is set aside, and the Attorney General is granted leave to come on record and file a reply. The Ministry of Defence is enjoined as an interested party.
Facts
Two applications were made by Peter Kuria and Felix Kioko for the Attorney General and the Ministry of Defence, respectively, seeking leave to come on record and set aside an order of October 24, 2019.
Issues
- Failure to enjoin the Attorney General in the application
- Non-disclosure of 2nd Respondent's recommendations
- Non-disclosure of Eldoret ELC No. 23 of 2019
Reasoning
The court found that the applicant failed to comply with mandatory provisions of the Government Proceedings Act and did not disclose relevant information.
Outcome
The applications are granted.
Orders
- Order 24th October, 2019 is set aside
- Attorney General granted leave to come on record and file reply
- Ministry of Defence enjoined as an interested party
- Amended Notice of Motion required
Remedies
- Set aside the order of October 24, 2019
- Attorney General granted leave to come on record and file reply
- Ministry of Defence enjoined as an interested party
- Amended Notice of Motion required
Authorities cited
Legislation (1)
- Government Proceedings Act
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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