Republic v Deputy County Commissioner Kitui West Sub-County & 3 others Ex parte William Mulwa Makiti; Benrodgers Mwendwa Milai (Interested Party) [2022] KEELC 1394 (KLR)
- Court
- Environment & Land Court
- Case number
- 1394
- Citation
- [2022] KEELC 1394 (KLR)
- Decided
- 16 February 2022
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeJudicial ReviewPostureEx-parte application for certiorari, prohibition, and mandamusCoramAngote
Holding
The application for leave to file the Judicial Review Application was granted.
Facts
The Ex-parte Applicant and the Interested Party had land disputes over land parcel Nos 802 and 804 within Musengo Adjudication Section. The Ex-parte Applicant's father was awarded land parcel 804, while the Interested Party's father was awarded land parcel 802.
Issues
- Whether the Judicial Review Application was filed out of time.
- Whether the Appeal to the Minister was filed out of time.
- Whether the Appeal to the Minister was conducted in accordance with the law.
Reasoning
The application for leave was filed within six months of the judgment, and the appeal to the Minister was filed within the time limit prescribed by law.
Outcome
The application for leave to file the Judicial Review Application was granted.
Orders
- An order of certiorari to remove into this court for purposes of quashing the judgment of the 1st Respondent, Deputy County Commissioner, Kitui West sub-county delivered on 12/2/2018.
- An order of prohibition directed to the 2nd Respondent restraining him from issuing the interested party with a title deed or cancelling the said title deed for land number MUTONGUNI/MUSENGO/3344.
- An order of mandamus directed to the 2nd Respondent compelling him to re-issue the Ex-parte applicant with the Title Deed for land number MUTONGUNI/MUSENGO/3344.
Remedies
- Quashing of the judgment of the 1st Respondent.
- Prohibition against the 2nd Respondent.
- Compelling the 2nd Respondent to re-issue the Ex-parte applicant's title deed.
Authorities cited
Legislation (3)
- Law Reform Act
- Civil Procedure Rules
- Order 53 Rule 1
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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