Republic v Minister for Lands and Settlement & another; Gakii (Exparte Applicant); M’lingera (Interested Party) (Environment and Land Judicial Review Miscellaneous Application E004 of 2022) [2023] KEELC 18353 (KLR) (21 June 2023) (Judgment)
- Court
- Environment & Land Court
- Case number
- 18353
- Citation
- [2023] KEELC 18353 (KLR)
- Decided
- 21 June 2023
The ex-parte applicant's appeal is upheld, and the decision of the District Commissioner is quashed. The ex-parte applicant is granted an order prohibiting the 2nd respondent from altering the duplicate adjudication register or implementing the decision of the minister.
Facts
The ex-parte applicant, Gakii, is the administrator of the estate of her late father who died in 2015. The interested party, M'lingera, claims to have bought the disputed land from Kamanja in 1998. The ex-parte applicant claims her late father had already demarcated the land and given it a parcel number 2393 before M'lingera's purchase.
Issues
- Whether the District Commissioner followed the procedure provided for in the statute in arriving at his decision.
- Whether the decision of the District Commissioner breached the rule of natural justice.
- Whether the ex-parte applicant has demonstrated sufficient ground to be granted the orders sought.
- Who shall bear the costs of the application.
Reasoning
The court found that the District Commissioner did not follow the procedure provided for in the statute and breached the rule of natural justice. The ex-parte applicant demonstrated sufficient grounds to be granted the orders sought.
Outcome
The ex-parte applicant's appeal is upheld.
Orders
- High Court for purposes of being quashed the decision of the 1st respondent made on 27th January, 2022.
- That an order of prohibition do hereby issue directed to the 2nd respondent, their servants, agents, any other person or authority prohibiting them from altering the duplicate adjudication register or implementing the decision of the minister in accordance with the Land adjudication Act Cap 284 in Igembe South District within Meru County.
- That the respondent and the interested party be ordered to pay costs of this motion.
Remedies
- Quashing the decision of the District Commissioner.
- Prohibition against altering the duplicate adjudication register or implementing the decision of the minister.
Authorities cited
Legislation (2)
- Land Adjudication Act Cap 284
- Land Adjudication Regulation
Loading judgment…