Nthiwa & 3 others v County Director of Land Adjudication and Settlement (Makueni County) & another; Kimango (Interested Party) (Environment and Land Judicial Review Case 6 of 2019) [2023] KEELC 20717 (KLR) (4 October 2023) (Ruling)
- Court
- Environment & Land Court
- Case number
- 20717
- Citation
- [2023] KEELC 20717 (KLR)
- Decided
- 4 October 2023
Summary at a glance
TypeJudicial ReviewPostureAppeal from a previous rulingCoramEmukule, TW MURIGI
The court will review the ruling dated May 22, 2020, and set aside the ruling if it finds that the court erred in striking out the substantive Notice of Motion.
Facts
The Applicants sought an order of certiorari to remove a judgment and orders made by the Deputy County Commissioner Mukaa Sub County, but the application was struck out by the court.
Issues
- Whether the court should review the previous ruling
- Whether the court erred in striking out the substantive Notice of Motion
Reasoning
The court will consider whether the court erred in striking out the Notice of Motion due to a technical mistake in seeking an order of certiorari.
Outcome
The court will review the ruling dated May 22, 2020
Orders
- To review the ruling dated May 22, 2020
- To set aside the ruling if it finds that the court erred in striking out the Notice of Motion
Remedies
- To allow the Applicants to amend their substantive Motion
- To provide for the costs of the application
Authorities cited
⚠ This summary is experimental and generated by a language model, not a lawyer. It can contain errors, omissions, or misinterpretations and must not be relied on for legal decisions. The authoritative source is the full judgment. Please confirm every point against the original before use.
Loading judgment…