Republic v District Commissioner, Narok North; Nkuruma (Suing as an administrator of the Estate of the Late Sironka Ole Nturere) (Exparte Applicant); Kumomali (Interested Party) (Environment and Land Judicial Review Case E001 of 2023) [2024] KEELC 91 (KLR) (24 January 2024) (Judgment)
- Court
- Environment & Land Court
- Case number
- 91
- Citation
- [2024] KEELC 91 (KLR)
- Decided
- 24 January 2024
The Ex-Parte Applicant's application for Judicial Review Orders of Certiorari is dismissed with costs to the Interested Party.
Facts
The Ex-Parte Applicant filed an objection against the Interested Party regarding plot no. 331 in Narok North. The objection was conducted with full participation of all parties, and a verdict was rendered on 17th February, 2009. The Interested Party was given 60 days to appeal, but the Ex-Parte Applicant did not hear from the matter thereafter.
Issues
- Whether the respondent exceeded the power to make the orders.
- Whether the orders sought of judicial review are available.
Reasoning
The Ex-Parte Applicant failed to appear before the respondent despite summons being served upon him. The court found that the Ex-Parte Applicant did not rebut the claims raised through affidavits and thus did not establish grounds for the judicial review orders.
Outcome
The Ex-Parte Applicant's application is dismissed.
Authorities cited
Cases cited (2)
- Chief Constable of the North Wales Police v Evans
- Republic v Director of Immigration Services
Loading judgment…