Republic v Migori/Rongo Land Disputes Tribunal & 2 others Interested Party Janet Atieno Odondi & 3 others Exparte Samwel Odoyo Mikwa & another [2013] KEHC 2987 (KLR)
- Court
- High Court of Kenya
- Case number
- 2987
- Citation
- [2013] KEHC 2987 (KLR)
- Decided
- 19 July 2013
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeJudicial ReviewPostureApplication for leave to bring an application for judicial reviewCoramHamlyn
Holding
The court dismissed the application for leave to bring the judicial review application.
Facts
The applicants, Samwel Odoyo Mikwa and Beatrice Olack, had filed a statutory Statement and a Verifying Affidavit on June 16, 2011, and sought to quash the proceedings and decision of the 1st respondent, Migori/Rongo Land Disputes Tribunal, dated May 31, 2011, which purported to revoke the applicants' title to the suit property.
Issues
- quashing order looks to the past
- prohibiting order to the future
- scope and efficacy of the remedies of certiorari, mandamus and prohibition
Reasoning
The court ruled that the application for leave was not properly filed and that the applicants did not meet the criteria for judicial review.
Outcome
Application for leave dismissed
Authorities cited
Legislation (1)
- Land Disputes Tribunals Act, No. 18 of 1990
Cases cited (2)
- Council for Civil Service Unions –vs- Minister for Civil Service [1985] A.C. 374 at 401D
- Kenya National Examination Council –vs- Republic, Exparte Geoffrey Gathenji Njoroge & 9 others [1997] e KLR
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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