REBECCA KIMOI BIWOTT v LAND DISTRICT TRIBUNAL KOIBATEK & ANOTHER [2009] KEHC 965 (KLR)
- Court
- High Court of Kenya
- Case number
- 965
- Citation
- [2009] KEHC 965 (KLR)
- Decided
- 13 October 2009
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeJudicial ReviewPostureApplicant seeks to challenge the competence of the Land District TribunalCoramD.K. MARAGA
Holding
The application is struck out with costs to the Interested Party
Facts
The application was brought in the name of Rebecca Kimoi Biwott, the ex-parte applicant, instead of the Republic. The Interested Party, Josphine Teriki Kiptuigeny, challenges the competence of the application on the grounds that it has not invoked Sections 8 and 9 of the Law Reform Act.
Issues
- Competence of the application
- Naming of the applicant and respondent
Reasoning
The application was brought in the name of the applicant, which is fatal to its substance. The Republic cannot be the applicant and respondent in the same matter.
Outcome
Struck out
Orders
- The application is struck out with costs to the Interested Party
Authorities cited
Legislation (1)
- Law Reform Act
Cases cited (1)
- Ndete v Chairman Land Disputes Tribunal
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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