Republic v Director of Land Adjudication & another ex-parte Stanely Mbiuki [2014] KEHC 1954 (KLR)
- Court
- High Court of Kenya
- Case number
- 1954
- Citation
- [2014] KEHC 1954 (KLR)
- Decided
- 5 November 2014
The application is dismissed with costs, and the ex-parte Applicant is ordered to file further submissions on the substantive notice of motion.
Facts
The ex-parte Applicant, Stanley Mbiuki, was granted leave to commence judicial review proceedings in 1984. The substantive notice of motion has not been heard. In 2009, the 2nd Respondent filed an application to dismiss the notice of motion and vacate the stay order. The ex-parte Applicant appealed this decision and sought a stay of the 2011 ruling pending the appeal.
Issues
- Whether the ex-parte Applicant has an arguable appeal
- Whether the appeal would be rendered nugatory if the stay order is not granted
Reasoning
The court finds that the ex-parte Applicant has an arguable appeal and that the appeal would not be rendered nugatory if the stay order is not granted. The court directs the parties to focus on the substantive notice of motion and to file further submissions.
Outcome
Dismissed with costs
Orders
- The ex-parte Applicant to file further submissions on the substantive notice of motion within 7 days
- The respondents are at liberty to respond within 7 days
- The ex-parte Applicant to file supplementary submissions within 3 days
Authorities cited
Cases cited (1)
- [2014] eKLR
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