Republic v National Land Commission & 3 others; Ontulili Mt.Kenya Forest Squatters & 3 others (Interested Parties) [2020] KEELC 3648 (KLR)
- Court
- Environment & Land Court
- Case number
- 3648
- Citation
- [2020] KEELC 3648 (KLR)
- Decided
- 12 February 2020
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeJudicial Review ApplicationPostureApplication for Leave to Apply for Order's of Certiorari, Mandamus and ProhibitionCoramKLR Nambuye
Holding
The applicants should not be enjoined in this suit as interested parties.
Facts
The ex parte applicants filed a substantive motion seeking orders of certiorari to quash the decision of the National Land Commission of 1.3.2019 which purposes to revoke their land parcel title numbers 13269, 20737/7, 20737/6, 20737/42, 20737/28 and 20737/41 (the suit parcels).
Issues
- Whether the applicants should be enjoined in this suit as interested parties.
- Whether the applicants have a recognizable stake in the matter.
Reasoning
The applicants did not participate in the proceedings before the National Land Commission which gave rise to the decision of 1.3.2019. The applicants and the interested parties have similar interests in the suit land.
Outcome
The application for leave to apply for order's of certiorari, mandamus and prohibition is dismissed.
Authorities cited
Legislation (2)
- Article 50 (1) of the Constitution
- Order 1 Rule 10(2) Civil Procedure Rules
Cases cited (5)
- Joseph Njau Kingori vs. Robert Maina Chege & 3 others [2002] eKLR
- Trusted Society of Human Rights vs Mumo Matemu and 5 others (2014) eKLR
- Nairobi Court of Appeal Civil Appeal No. 172 of 2006
- Ahn -v- Openda [1982] KLR 87
- Onjula Enterprises Ltd., -v- Sumaria [1986] KLR 651
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.
Loading judgment…