Republic v Land Disputes Tribunal Magarini (Now Defunct) & another; Ngonyo & 5 others (Exparte); Kalama & another (Interested Parties) (Miscellaneous Civil Application 19 of 2019) [2023] KEELC 869 (KLR) (13 February 2023) (Ruling)
- Court
- Environment & Land Court
- Case number
- 869
- Citation
- [2023] KEELC 869 (KLR)
- Decided
- 13 February 2023
Summary at a glance
TypeMiscellaneous Civil ApplicationPostureApplication for review of a previous rulingCoramM.A. Odeny
The application is dismissed with costs.
Facts
The applicant sought to review a previous ruling dated January 25, 2022, which dismissed their application. The applicant alleged that the court addressed itself on a nonexistent Preliminary Objection.
Issues
- Whether there was an error apparent on the face of the record to allow the application for review.
- Whether the court erred in the exercise of its discretion in addressing a nonexistent Preliminary Objection.
Reasoning
The court found no error apparent on the face of the record and dismissed the application, guided by the principles of review of exercise of discretion and the distinction between cases suitable for appeal and review.
Outcome
Application dismissed
Orders
- Application for review dismissed
- Costs awarded to the respondent
Authorities cited
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