Republic v Land Registrar Kilifi & another Ex-parte Daniel Ricci [2013] KEHC 1990 (KLR)
- Court
- High Court of Kenya
- Case number
- 1990
- Citation
- [2013] KEHC 1990 (KLR)
- Decided
- 20 September 2013
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeJudicial ReviewPostureEx-parte ApplicationCoramO. A. Angote
Holding
The court dismisses the Ex-parte Applicant's Motion and orders each party to bear their own costs.
Facts
The Ex-parte Applicant seeks judicial review of an order under Fisheries General Regulations, Legal Notice Number 34 of 1991, which reserved the suit property for public purpose. The Applicant claims the property is his own.
Issues
- Whether the most efficacious orders to be granted are prohibition and certiorari.
- Whether the grant of such orders will confirm the validity of the Applicant's title and subvert public interests.
Reasoning
The material facts are seriously disputed, and a suit with evidence is required to determine the proprietary rights of the suit property.
Outcome
Dismissed
Orders
- The Ex-parte Applicant's Motion is dismissed.
- Each party shall bear their own costs.
Authorities cited
Legislation (2)
- Civil Procedure Rules Act (CAP 21 LAWS OF KENYA)
- Fisheries General Regulations, Legal Notice Number 34 of 1991
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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