REPUBLIC V THE MINISTER FOR LANDS & ANOTHER EXPARTE BONIFACE NJERU NGARI & ANOTHER [2013] KEELRC 278 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 278
- Citation
- [2013] KEELRC 278 (KLR)
- Decided
- 17 May 2013
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeJudicial ReviewPostureAppeal from a decision of the Minister for Lands regarding land parcel EMBU/IRIAITUNE/1183 in Iriaitune Adjudication SectionCoramB.N. OLAO
Holding
The court quashed the decision of the Minister for Lands and prohibited its implementation.
Facts
The applicants filed an application seeking to remove and quash the decision of the Minister for Lands dated 19/7/2012 in Appeal Case No. 26 of 1989 regarding land parcel EMBU/IRIAITUNE/1183 in Iriaitune Adjudication Section, and to prohibit the implementation of the decision.
Issues
- The time of filing of the Minister of Lands Appeal Case No. 26 of 1989
- The validity of the decision of the District Commissioner
Reasoning
The court found that the appeal was filed out of time and thus the decision was invalid.
Outcome
The court quashed the decision of the Minister for Lands and prohibited its implementation.
Orders
- Orders of certiorari to remove and quash the decision of the Minister for Lands dated 19/7/2012 in Appeal Case No. 26 of 1989 in respect of land parcel number EMBU/IRIAITUNE/1183 in Iriaitune Adjudication Section.
- Orders of prohibition to prohibit the Minister for Lands, the Director of Land Adjudication and Settlement, the Chief Land Registrar Mbeere District from implementing the decision of the Minister for Lands dated 19/7/2012 in the Minister’s Land Appeal Case number 26 of 1989 in respect of land parcel number EMBU/IRIAITUNE/1183 in Iriaitune Adjudication Section.
Remedies
- Quashing of the decision of the Minister for Lands and prohibition of its implementation.
Authorities cited
Legislation (1)
- Land Adjudication Act
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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