Republic v Marakwet Land Disputes Tribunal & 3 others Ex Parte Kendagor Chelanga & 2 others [2014] KEHC 1447 (KLR)
- Court
- High Court of Kenya
- Case number
- 1447
- Citation
- [2014] KEHC 1447 (KLR)
- Decided
- 28 October 2014
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeJudicial ReviewPostureEx parte application to set aside order dismissing notice of motionCoramGEORGE KANYI KIMONDO
Holding
The order dismissing the ex parte applicants' notice of motion is set aside in its entirety
Facts
The ex parte applicants sought to remove a Land Disputes Tribunal award and seek an order of prohibition against the respondents. The ex parte applicants failed to attend the hearing on 20th November 2012, leading to the dismissal of their motion.
Issues
- Whether the ex parte applicants can set aside the order dismissing their notice of motion
- Whether the respondents can contest the motion on a point of law
Reasoning
The court considers the ex parte applicants' averments plausible and grants them costs, while awarding the respondents and interested party costs as well.
Outcome
The ex parte applicants' motion is granted, and the order dismissing their notice of motion is set aside
Orders
- The order dismissing the ex parte applicants' notice of motion is set aside in its entirety
- The ex parte applicants shall fix the notice of motion for hearing within 30 days
- The respondents and interested party shall be awarded costs of Kshs 5,000 each
Remedies
- The ex parte applicants are granted the opportunity to fix the notice of motion for hearing
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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