Republic v Deputy County Commissioner, Kitui West Subcounty; Malonza (Exparte) (Miscellaneous Civil Application 10 of 2021) [2022] KEELC 2723 (KLR) (23 June 2022) (Judgment)
- Court
- Environment & Land Court
- Case number
- 2723
- Citation
- [2022] KEELC 2723 (KLR)
- Decided
- 23 June 2022
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeMiscellaneous Civil ApplicationPostureAppeal dismissedCoramHON. L. G. KIMANI
Holding
The 1st Respondent had jurisdiction to hear and determine the appeal even though the initial parties were deceased and in absence of legal representatives and/or executors of their estates.
Facts
The ex parte applicant filed a notice of motion seeking judicial review of the Deputy County Commissioner's decision, alleging jurisdictional issues due to the death of the initial parties and the absence of legal representatives.
Issues
- Whether the 1st Respondent had jurisdiction to hear and determine the appeal before him when the parties thereto were deceased and in absence of legal representatives and/or executors of their estates.
- Whether the 1st Respondent had jurisdiction to hear and determine the appeal before him when the title deed to the suit land had been issued.
Reasoning
The court found that the 1st Respondent had jurisdiction to hear the appeal due to the presence of the deceased's representatives and the absence of a title deed.
Outcome
The ex parte applicant's notice of motion application is dismissed with costs.
Orders
- The ex parte applicant's notice of motion application is dismissed with costs.
Authorities cited
Legislation (2)
- Fair Administrative Actions Act, 2015
- Constitution of Kenya, 2010
Cases cited (1)
- Pastoli v Kabale District Local Government Council & others [2008] 2 EA
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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