PETER ISABOKE OBAO v RIGOMA DIVISIONAL LAND DISPUTES TRIBUNAL & another [2010] KEHC 307 (KLR)
- Court
- High Court of Kenya
- Case number
- 307
- Citation
- [2010] KEHC 307 (KLR)
- Decided
- 30 June 2010
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeMiscellaneous Civil ApplicationPostureApplication for Certiorari and ProhibitionCoramASIKE-MAKHANDIA
Holding
The application is incompetent and incurably defective, and is struck out with costs to the interested party
Facts
In 2008, Michael Nyamweya Ondicho claimed Peter Isaboke Obao had blocked a pathway he used to access the road. Obao denied blocking the pathway and claimed he had used his land for crops.
Issues
- Whether the decision of the Land Disputes Tribunal should be quashed
- Whether the application for an order of prohibition should be granted
- Whether the Republic should be a party to the application
Reasoning
The applicant maintained himself as the applicant, making the Republic both the applicant and respondent, which is not permissible. The oxygen principle cannot be invoked in judicial review.
Outcome
Struck out with costs to the interested party
Authorities cited
Cases cited (1)
- District Commissioner, Kiambu V. R. Ex-parte Njan (1960) E.A 109 at pg 114F
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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