Republic v District Land Dispute Tribunal, Kabarnet & District Land Registrar Kabarnet & Charles Kandagor Ex-Parte African Inland Church (Aic) Registered Trustees, Kabasis (Miscellaneous Application 26 of 2008) [2013] KEHC 2468 (KLR) (21 June 2013) (Ruling)
- Court
- High Court of Kenya
- Case number
- 2468
- Citation
- [2013] KEHC 2468 (KLR)
- Decided
- 21 June 2013
The court sets aside the dismissal of the judicial review application and reinstates the application dated 8.08.2007.
Facts
The African Inland Church (AIC) was granted leave to commence judicial review proceedings against the District Land Dispute Tribunal and the subsequent judgment. The application was dismissed by the High Court on November 30, 2010, but the AIC sought to set aside the dismissal and reinstate the application.
Issues
- Whether the dismissal of the judicial review application was valid
- Whether the ex parte Applicant's Notice of Motion was properly served
Reasoning
The court found that the dismissal was invalid due to the lack of proper notice to the counsel and that the application was not properly served. The court also found that the dismissal was not based on the correct legal grounds.
Outcome
The ex parte Applicant's Notice of Motion is set aside and the application is reinstated.
Orders
- The ex parte Applicant will pay the Interested Party's costs to-date
- The ex parte Applicant's Motion of 8.08.2007 will be heard within the next 120 days
Remedies
- Reinstatement of the judicial review application
Authorities cited
Legislation (2)
- Law Reform Act, Cap. 26, Laws of Kenya
- Civil Procedure Act, Cap. 21
Loading judgment…