Republic v Salim & 2 others; Gami (Exparte Applicant) (Environment and Land Judicial Review Case E006 of 2022) [2024] KEELC 5440 (KLR) (23 July 2024) (Judgment)
- Court
- Environment & Land Court
- Case number
- 5440
- Citation
- [2024] KEELC 5440 (KLR)
- Decided
- 23 July 2024
Summary at a glance
Facts
The ex parte applicant filed a civil suit against the 3rd respondent (Principal Magistrates Court Hon. C. N. Ndega) in Mombasa Civil Suit No. E014 of 2021. The 3rd respondent proceeded with the hearing despite an ongoing High Court matter (ELC No. 255 of 2018) involving the same parties and subject matter. The ex parte applicant claims the 3rd respondent had no jurisdiction to proceed and failed to grant a stay of the ruling pending appeal.
Issues
- Jurisdiction of the 3rd respondent to proceed with the hearing
- Prohibition of the 1st and 2nd respondents from proceeding with the property alienation
Reasoning
The court held that the 3rd respondent had no jurisdiction to proceed with the hearing due to the ongoing High Court matter. The application was out of time as it was filed more than 6 months after the decision. The court also ruled that the applicant should have filed an appeal against the decision rather than a judicial review.
Outcome
Dismissed
Authorities cited
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