Michael Oyugi & 4 others v Budalangi Lands Disputes Tribunal & another [2005] KEHC 3153 (KLR)
- Court
- High Court of Kenya
- Case number
- 3153
- Citation
- [2005] KEHC 3153 (KLR)
- Decided
- 8 April 2005
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeJudicial ReviewPostureApplication for Judicial ReviewCoramJ. K. SERGON
Holding
The motion is struck out due to the irregularity in obtaining leave and the failure to file the statutory statement and serve the notice.
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
- Can ex parte leave be challenged?
- Consequences of failing to file and serve notice and statement of facts
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 rendered 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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