REPUBLLIC V KAJIADO DISTRICT LAND DISPUTE TRIBUNAL & 2 OTHERS EXPARTE MONICA WANJIKU MIRINGU [2012] KEHC 1432 (KLR)
- Court
- High Court of Kenya
- Case number
- 1432
- Citation
- [2012] KEHC 1432 (KLR)
- Decided
- 28 September 2012
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeJudicial ReviewPostureApplication for Judicial Review, Certiorari, and ProhibitionCoramASIKE- MAKHANDIA
Holding
The application is dismissed with costs to the 3rd respondent.
Facts
The applicant, Monica Wanjiku Miringu, sought to quash an award made by the Kajiado District Land Disputes Tribunal and prohibit the Senior Resident Magistrate's Court from proceeding with the award. The applicant claimed that the tribunal did not have jurisdiction to hear the dispute and that the award was null and void.
Issues
- Jurisdiction of the tribunal
- Validity of the award
- Locus standi of the applicant
Reasoning
The court found that the applicant lacked capacity to sue and maintain the proceedings against the respondents in relation to land parcel Ngong/Ngong/2014. The court also determined that the size of the access road was irrelevant and that a resurvey was not necessary.
Outcome
Dismissed
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