Republic v Minister for Lands and Settlement & 3 others ex parte Julius Kiboro Njogoo Mitugo [2005] KEHC 2484 (KLR)
- Court
- High Court of Kenya
- Case number
- 2484
- Citation
- [2005] KEHC 2484 (KLR)
- Decided
- 3 June 2005
The application is struck out with costs to the respondents
Facts
The applicant sought an order of prohibition to stop and prohibit the respondents from surveying, subdividing, excising, registering dealings, transferring or otherwise dealing with LRNO N Tharaka/Marimanti/664. The application was supported by an affidavit of the exparte applicant dated 18th May 2004.
Issues
- The Notice of Motion is bad because it does not cite the Law Reform Act
- The reliefs claimed in the statement are at variance with the reliefs sought in the application and no leave to amend the statement has been sought or granted
Reasoning
The court found the Notice of Motion to be defective as it did not cite the Law Reform Act. The court also found that the reliefs claimed in the statement were at variance with the reliefs sought in the application and no leave to amend the statement was sought or granted. The court also found that the verifying affidavit was inadequate and the application was struck out.
Outcome
Struck out
Authorities cited
Legislation (1)
- Law Reform Act Cap 26 of the laws of Kenya
Cases cited (1)
- COMMISSIONER GENERAL KENYA REVENUE AUTHORITY v SILVANO OWAKI T/A MIRENGA FILLING STATION KSM CA45 of 2000
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