Republic v Commissioner of Lands & another; Nguyo (Exparte Applicant); Mulwa (Interested Party) (Judicial Review Application E006 of 2022) [2023] KEELC 16508 (KLR) (22 March 2023) (Judgment)
- Court
- Environment & Land Court
- Case number
- 16508
- Citation
- [2023] KEELC 16508 (KLR)
- Decided
- 22 March 2023
Summary at a glance
TypeJudicial Review ApplicationPostureEx parte application for orders of mandamusCoramNYUKURI
The Exparte Applicant is not deserving of the orders of mandamus
Facts
The Exparte Applicant, Kingi Nzioki Nguyo, seeks mandamus orders from the Land Registrar, Machakos, to supply him with certified copies of application for consent of the Land Control Board and transfer forms related to the suit property.
Issues
- Whether the Exparte Applicant is deserving of orders of mandamus
- Whether the Land Registrar Machakos owes the Exparte Applicant a duty to supply him with the requested documents
Reasoning
The Exparte Applicant failed to demonstrate that the Land Registrar Machakos has a legal duty to perform and that no other adequate remedy exists.
Outcome
The Exparte Applicant's application for orders of mandamus is dismissed
Authorities cited
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