Republic v Kwanza L.D.T. Comprising of Onyango Wao & 2 others ex parte David Gombe Wamuchiru [2005] KEHC 2784 (KLR)
- Court
- High Court of Kenya
- Case number
- 2784
- Citation
- [2005] KEHC 2784 (KLR)
- Decided
- 13 April 2005
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeMiscellaneous Civil ApplicationPostureApplication to quash the decision of the Kwanza Land Disputes TribunalCoramWANJIRU KARANJA
Holding
The Notice of Motion before the court is incompetent and is accordingly struck out with costs to the interested party.
Facts
The applicant filed an application seeking orders of certiorari to remove into the court and quash the decision of the Kwanza Land Disputes Tribunal. The application was opposed by Mr. Onyancha, who argued that the application was improperly before the court and did not comply with the Civil Procedure Rules.
Issues
- Notice of Motion for Judicial review orders must indicate that the same is based on section 8 & 9 of the Law Reform Act.
- OLIII r. 4 has not been complied with.
- There was no verifying affidavit filed with the Notice of Motion as stipulated by OLIII r. 7 (1).
Reasoning
The court found the Notice of Motion to be irreparably defective due to non-compliance with the Law Reform Act and Civil Procedure Rules, and the failure to file a verifying affidavit.
Outcome
Application struck out
Orders
- The Notice of Motion is struck out
- Costs to the interested party
Authorities cited
Legislation (4)
- Law Reform Act
- Civil Procedure Rules
- OLIII r. 4
- OLIII r. 7 (1)
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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