REPUBLIC v ANDREW K. MIBEI & 5 OTHERS [2009] KEHC 984 (KLR)
- Court
- High Court of Kenya
- Case number
- 984
- Citation
- [2009] KEHC 984 (KLR)
- Decided
- 1 October 2009
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeJudicial ReviewPostureApplicant seeks prohibition against respondentsCoramD. K. MARAGA
Holding
The preliminary objection is frivolous and unmeritorious
Facts
Maralal Village Polytechnic is the allottee of unsurveyed Plot No. 181 Maralal Township. The 1st, 2nd, and 3rd respondents have ordered the closure of the applicant's school and are assisting the other respondents to wrestle the land from the applicant.
Issues
- Court's jurisdiction
- Capacity of the applicant to bring the application
Reasoning
The court found the jurisdictional objection to be without substance due to the nature of the applicant's complaint and the affidavits supporting it. The applicant is competent to bring the application as a private entity.
Outcome
The preliminary objection is overruled with costs to the applicant
Orders
- Prohibition against the 1st, 2nd, and 3rd respondents
Remedies
- Prohibition
Authorities cited
Legislation (2)
- Law Reform Act
- Civil Procedure Rules
Cases cited (1)
- Nairobi Republic v The Defence Council of the Armed Forces of the Republic of Kenya & Another, HC MSC. APL. No.1622 of 2004
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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