Republic v Cabinet Secretary for Land, Housing and Urban Development & 2 others Exparte Onesmus Kimanzi Musili & 2 others; Francis Nzeli Maundu (Interested Party) [2022] KEELC 1779 (KLR)
- Court
- Environment & Land Court
- Case number
- 1779
- Citation
- [2022] KEELC 1779 (KLR)
- Decided
- 31 January 2022
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeJudicial ReviewPostureApplication for Review of JudgmentCoramL. G. KIMANI
Holding
The court finds that the application has merit and the judgment entered on 18 October 2019 is reviewed and set aside. The court will proceed to re-hear the matter.
Facts
The Interested Party/Applicant filed an appeal to the Minister out of the required 60 days, but the court found that the appeal was filed on 22 October 1986, 21 days after the decision of the Objection before the Land Adjudication Officer.
Issues
- Whether the court's judgment was based on a mistake of fact
- Whether the court's judgment was based on a procedural error
Reasoning
The court found that the appeal was filed on 22 October 1986, which was within the 60-day period, and the court's judgment was based on a procedural error.
Outcome
Application partly succeeds, judgment reviewed and set aside
Orders
- Judgment reviewed and set aside
- Proceed to re-hear the matter
Remedies
- Judgment reviewed and set aside
Authorities cited
Legislation (2)
- Civil Procedure Act
- Civil Procedure Rules
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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