Republic v Busia Municipality Land Disputes Tribunal; Wandera (Sued as the Leg. Rep. of the Estate of Ali Awala Angaroi) (Interested Party); Jamoco Management Committee & 2 others (Exparte) (Environment and Land Civil Miscellaneous Application 109 of 2011) [2023] KEELC 18617 (KLR) (11 July 2023) (Ruling)
- Court
- Environment & Land Court
- Case number
- 18617
- Citation
- [2023] KEELC 18617 (KLR)
- Decided
- 11 July 2023
Summary at a glance
TypeCivil Miscellaneous ApplicationPostureRespondent's Application for Leave to File Judicial Review ProceedingsCoramBN OLAO, Kaniaru, Omollo
The application is granted, and leave is granted to file judicial review proceedings.
Facts
The applicants seek leave to file judicial review proceedings to quash a Tribunal award and prevent dealings with land parcels.
Issues
- Tribunal's jurisdiction in transferring deceased owner's land
- Quashing of Tribunal's award and injunction
Reasoning
The Tribunal acted without jurisdiction in transferring land belonging to a deceased owner. The award is quashed, and an injunction is granted.
Outcome
Application granted
Orders
- Leave granted to file judicial review proceedings
- Order of inhibition to prevent dealings with land parcels
Remedies
- Quashing of Tribunal's award
- Injunction to prevent dealings with land parcels
Authorities cited
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