Samuel Letangues Naingisa & 2 others v Director of Land Adjudication and Settlement & 3 others [2021] KEELC 4143 (KLR)
- Court
- Environment & Land Court
- Case number
- 4143
- Citation
- [2021] KEELC 4143 (KLR)
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeJudicial ReviewPostureApplication for Leave to Apply for Orders of Certiorari, Prohibition and MandamusCoramMohamed N. Kullow
Holding
The Land Adjudication & Settlement Officer performed his role within the confines of Section 25 and 26 of the Land Adjudication Act, Cap 284. The Applicants have not fully exhausted the alternative remedy as provided in Section 29 of the Land Adjudication Act.
Facts
The Applicants filed a Notice of Motion seeking orders to quash a Notice of Completion of Adjudication register and to compel the Respondents to rescind their decision.
Issues
- Whether the Notice dated 8th May, 2019 amounts to a final decision of the Land Adjudication and Settlement Officer.
- Whether the Applicants are entitled to the relief sought.
- Who is to bear the costs.
Reasoning
The court agrees with the superior court's finding that the Land Adjudication & Settlement Officer acted within the law. The Applicants have not fully exhausted the alternative remedy provided by the Land Adjudication Act.
Outcome
The application is dismissed with costs.
Authorities cited
Legislation (3)
- Land Adjudication Act, Cap 284
- Constitution of Kenya 2010
- Environment and Land Act, 2012
Cases cited (1)
- Republic Vs Kenya National Examination Council Ex-Parte Gathenji And Others Civil Appeal No. 266 Of 1996
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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