Andrew Shibachi Khunyalo v Chairman Ikolomani L.D.T. Committee & 2 others [2005] KEHC 84 (KLR)
- Court
- High Court of Kenya
- Case number
- 84
- Citation
- [2005] KEHC 84 (KLR)
- Decided
- 15 April 2005
The application is dismissed with costs to the 2nd and 3rd Respondents.
Facts
The Applicant, Andrew Shibachi Khunyalo, sought an order of Prohibition to prohibit the Respondents, the Chairman of Ikolomani Land Disputes Tribunal and Simon Ashiono Musindi and Boaz Ashiono Shisanya, from replying on the ruling or award of the said Tribunal and also to prohibit the Tribunal from entertaining the third Respondent’s claim. The second prayer was for an order of prohibition to prohibit the Kakamega Chief Magistrate’s court from adopting as a judgement of the court the award made by the Ikolomani Land Disputes Tribunal.
Issues
- Prohibition of the Respondents from replying on the ruling or award of the Ikolomani Land Disputes Tribunal.
- Prohibition of the Kakamega Chief Magistrate’s court from adopting as a judgement of the court the award made by the Ikolomani Land Disputes Tribunal.
Reasoning
The award was adopted on 13.10.99, and the orders sought were not available to the applicant as the Notice of Motion was overtaken by events. There are no such proceedings and/or Ruling pending.
Outcome
Dismissed
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