Republic v Chairman Ikolomani Division Land Dispute Tribunal; Sahani (Interested Party); Mukalani (Exparte Applicant) (Environment and Land Judicial Review Case E004 of 2022) [2023] KEELC 19821 (KLR) (19 September 2023) (Judgment)
- Court
- Environment & Land Court
- Case number
- 19821
- Citation
- [2023] KEELC 19821 (KLR)
- Decided
- 19 September 2023
Summary at a glance
TypeJudicial ReviewPostureEx parte applicant seeks orders of certiorari and mandamusCoramDO OHUNGO
No merit found in the notice of motion, and the application is dismissed with costs to the interested party.
Facts
The ex parte applicant seeks to quash a decision regarding the ownership of LR No. Isukha/Shitochi/3143 land, claiming it was purchased by his late father from the interested party's father. The ex parte applicant also seeks to uphold a decision by the Shinyalu Division Land Dispute Tribunal.
Issues
- Whether the court has jurisdiction to quash its own judgment through an order of certiorari.
- Whether the Shinyalu Division Land Dispute Tribunal had jurisdiction to determine the title to the registered land.
Reasoning
The court lacks jurisdiction to quash its own judgment through an order of certiorari. The tribunal had no jurisdiction to determine the title to registered land.
Outcome
Application dismissed
Authorities cited
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