Republic v Minister for Lands & Settlement & 2 others Ex parte Austin Okoth Orinda (Suing as the Administrator of the estate of Raphael Midhodho); William Odongo Guya (Interested Party) [2021] KEELC 50 (KLR)
- Court
- Environment & Land Court
- Case number
- 50
- Citation
- [2021] KEELC 50 (KLR)
- Decided
- 21 October 2021
Summary at a glance
TypeJudicial ReviewPostureApplication for Leave to Apply for Judicial ReviewCoramANTONY OMBWAYO
An order of certiorari is issued quashing the decision of the Minister of Lands and Settlement.
Facts
The ex parte applicant, Austin Okoth Orinda, sought judicial review orders of certiorari to quash the decision of the Minister for Lands and Settlement regarding the cancellation of the deceased's name from the land registry.
Issues
- Exceeding jurisdiction
- Failure to appreciate previous decision
Reasoning
The Minister acted in excess of his jurisdiction by accepting, hearing, and determining an appeal after the statutory period.
Outcome
Judgment in favor of the ex parte applicant.
Orders
- Certiorari order quashing the decision of the Minister of Lands and Settlement.
- Prohibition order prohibiting the Bondo Sub County Land Registrar from cancelling the deceased's name from the land registry.
Remedies
- Quashing of the decision
- Prohibition order
Authorities cited
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