Republic v Charles Abade Warambo & 2 others Intended Exparte John Umara Ogol [2022] KEELC 985 (KLR)
- Court
- Environment & Land Court
- Case number
- 985
- Citation
- [2022] KEELC 985 (KLR)
- Decided
- 10 March 2022
Summary at a glance
TypeJudicial ReviewPostureEx parte Application for Certiorari, Prohibition and MandamusCoramHON. A. Y. KOROSS
The chamber summons is not merited, and the application is dismissed with no orders as to costs.
Facts
The suit property was registered in the names of Saul Ogol Misula and James Owino as tenants in common. The Land Disputes Tribunal awarded the property to Amos Warambo Abade, who subsequently subdivided it.
Issues
- Whether the ex parte applicant should be granted leave to institute judicial review proceedings against the respondents outside the mandatory six-month period.
Reasoning
The legal framework does not allow for the reopening of the six-month period for instituting judicial review proceedings. The cause of action arose on the date the decision of the Tribunal was adopted as a judgment of the court or when the 1st respondent subdivided the suit property.
Outcome
The application is dismissed with no orders as to costs.
Orders
- The application dated 31/01/2022 is hereby dismissed with no orders as to costs.
- The file is marked as closed.
Authorities cited
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