Republic v Land Registrar Kajiado North District & 6 others Ex-Parte Irene Naipanoi Montet [2014] KEHC 8306 (KLR)
- Court
- High Court of Kenya
- Case number
- 8306
- Citation
- [2014] KEHC 8306 (KLR)
- Decided
- 17 October 2014
The application is dismissed as the summons was not issued under the repealed Act, and the respondents are not public bodies. The failure to properly intitule the proceedings may lead to denial of costs.
Facts
Irene Naipanoi Montet seeks orders prohibiting the Land Registrar and District Surveyor from acting on a Boundary Dispute Summons and quashing the summons. She claims the summons was issued under the repealed Act, and the respondents are not public bodies.
Issues
- Validity of the summons issued under the repealed Act
- Proper intitulation of the application
- Availability of judicial review orders against the 5th and 6th respondents
Reasoning
The summons was issued under the repealed Act, but the mere use of a wrong form does not render the action fatal. The application is not incompetent as it seeks constitutional, civil, and judicial review orders. The 5th and 6th respondents are not public bodies and cannot be the subject of judicial review orders.
Outcome
Dismissed
Authorities cited
Legislation (1)
- Civil Procedure Rules
Cases cited (4)
- Farmers Bus Service & Others vs. Transport Licensing Appeal Tribunal [1959] EA 779
- Mohamed Ahmed vs. R [1957] EA 523
- Charles Lutta Kasamani T/A Kasamani & Co. Advocate & Another Civil Appeal (Application) No. Nai. 281 of 2005
- Mureithi & 2 Others (For Mbari Ya Murathimi Clan) vs. Attorney General & 5 Others Nairobi HCMCA No. 158 of 2005
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