Michael Oyugi & 4 others v Bundalangi Lands Disputes Tribunal & another [2005] KEHC 1386 (KLR)
- Court
- High Court of Kenya
- Case number
- 1386
- Citation
- [2005] KEHC 1386 (KLR)
- Decided
- 8 April 2005
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeJudicial ReviewPostureApplication for Judicial Review Struck OutCoramJ. K. SERGON
Holding
The motion is struck out due to the irregularity in the timing of the leave application and the filing of the motion.
Facts
The applicants filed a motion for an order of certiorari to quash the decision of the Busia SRM's court adopting the award of Budalangi Land Disputes Tribunal as the judgment of the Court. The interested party raised preliminary objections regarding the timing of the application for leave and the filing of the motion.
Issues
- Timing of Leave Application
- Filing of Motion Outside Leave Period
- Failure to File Statutory Statement
Reasoning
The applicants obtained leave irregularly and filed the motion outside the statutory period. The failure to file the statutory statement and serve the notice to the Deputy Registrar of the Court renders the motion incompetent.
Outcome
The motion is struck out.
Orders
- Motion Struck Out
Authorities cited
Legislation (2)
- Civil Procedure Rules
- Law Reform 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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