Republic v Ruiru Land Disputes Tribunal & 2 others & another Ex-parte Felista Wamaitha Thuo & Milka Wangari Muya [2014] KEHC 6955 (KLR)
- Court
- High Court of Kenya
- Case number
- 6955
- Citation
- [2014] KEHC 6955 (KLR)
- Decided
- 21 February 2014
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeJudicial ReviewPostureApplication for Prohibition and CostsCoramD.S. MAJAN
Holding
The application is dismissed with costs to the interested party.
Facts
The applicants are the registered proprietors of two plots of land in Ruiru/Mugutha Block 1. The Ruiru Land Disputes Tribunal issued a decree confirming the ownership of the plots to Faith Wanjiku Muya, who was not a party to the proceedings.
Issues
- Whether the applicants can seek an order of prohibition against the Chief Magistrate Court and the District Land Registrar.
- Whether the applicants can seek an order to quash the Tribunal's decision and the Court's decree.
Reasoning
The court held that an order of prohibition cannot quash a decision already made, and since the decree has been issued, the order sought is not an efficacious remedy. The applicants' civil suit is pending and will address the issue of ownership.
Outcome
Dismissal of the application with costs
Orders
- The Notice of Motion dated 12th April 2012 is dismissed with costs to the interested party.
Authorities cited
Cases cited (2)
- Kenya National Examinations Council v Republic Ex parte Geoffrey Gathenji Njoroge & Others CA Civil Appeal No. 266 of 1996 [1997] eKLR
- Republic v University of Nairobi CA Civil Application No. Nai. 73 of 2001 [2002] 2 EA 572
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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