Republic v Land Adjudication and Settlement Officer & 3 others; Abuya (Ex parte Applicant); Ogal & 2 others (Interested Parties) (Judicial Review E014 of 2024) [2025] KEELC 8555 (KLR) (26 November 2025) (Ruling)
- Court
- Environment & Land Court
- Case number
- 8555
- Citation
- [2025] KEELC 8555 (KLR)
- Decided
- 26 November 2025
The court finds the preliminary objection merited and the Ex parte Applicant is statute barred from seeking to enforce the 2000 award.
Facts
The Ex parte Applicant's father, Matthew Aluongo, had an objection case against the suit land (Land parcel 4516) in 1997. The District Commissioner's award ordered the land parcel remain as it was before the objection case was filed. The Ex parte Applicant seeks leave to apply for an order of mandamus to implement the 2000 award.
Issues
- Whether the court lacks jurisdiction to entertain the suit.
- Whether the application is fatally defective for seeking to enforce an award issued more than six years ago.
- Whether the application is fatally defective for seeking to enforce a judgment/decree issued more than twelve years ago.
- Whether the application is presented before the court is a non-starter and an abuse of the court process.
Reasoning
The court ruled that the application is barred by the Limitation of Actions Act as the award was issued in 2000, and the Ex parte Applicant sought enforcement more than six years after the award was given.
Outcome
The application for leave to apply for an order of mandamus is dismissed.
Orders
- Costs to be borne by the Ex parte Applicant.
Authorities cited
Legislation (3)
- Land Adjudication and Settlement Act
- Limitation of Actions Act
- Civil Procedure Act
Cases cited (1)
- Mukisa Biscuit Manufacturing Co. Ltd. v West End Distributors Ltd. [1969] EA 696
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