Republic v Chairman,Kamukuywa Land Disputes Tribunal Court Ex-parte Thamson Namunyu Njibwakale & 2 others [2005] KEHC 1396 (KLR)
- Court
- High Court of Kenya
- Case number
- 1396
- Citation
- [2005] KEHC 1396 (KLR)
- Decided
- 13 May 2005
AI Summary
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TypeCivil Misc AppliPostureAppeal from a decision of the Kamukuywa Land Disputes TribunalCoramJ.K. SERGON
Holding
The preliminary objection is dismissed with costs to the ex parte applicants.
Facts
The applicants applied for judicial review orders in the nature of certiorari and prohibition. The interested party raised a preliminary objection that the motion was fatally defective due to failure to cite sections 8 and 9 of the Law Reform Act.
Issues
- Whether the motion was fatally defective due to failure to cite sections 8 and 9 of the Law Reform Act.
- Whether the ex parte applicants failed to serve the Deputy Registrar of the court with the notice under Order LIII rule 1 (3) of the Civil Procedure rules at the time of obtaining leave.
Reasoning
The failure to cite sections 8 and 9 of the Law Reform Act is not fatal as long as the provisions of Order LIII of the Civil Procedure rules are cited. The notice was duly served upon the Deputy Registrar of the court.
Outcome
Appeal dismissed
Authorities cited
Legislation (2)
- Civil Procedure Rules
- Law Reform Act
Cases cited (1)
- Kitale H.C. MISC. APPLICATION NO. 150 OF 2001
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