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Nyakwama Nyamosi v Kisii Land Registrar & 2 others [2016] KEHC 6072 (KLR)

[2016] KEHC 6072 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
6072
Citation
[2016] KEHC 6072 (KLR)
Decided
12 February 2016
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeJudicial ReviewPostureEx parte application for leave to apply for certiorari and prohibitionCoramJ. M. MUTUNGI
Holding

The application for leave is denied, and the application is to be heard interpartes.

Facts

The applicant, Nyakwama Nyamosi, seeks leave to apply for a judicial review of the 1st respondent's decision regarding the boundary of Majoge/ Magenche/1120 and 1122. The dispute has been ongoing for several years and has been the subject of at least two previous cases before the court.

Issues

  1. Exceedance of jurisdiction by the 1st respondent
  2. Interest of justice in hearing the application interpartes

Reasoning

The court observed that the dispute has been ongoing for several years and has been the subject of previous cases, thus the interest of justice would be well served by hearing the application interpartes.

Outcome

The application for leave is denied.

Orders

  • The application is to be heard interpartes

Authorities cited

Legislation (1)
  • Land Registration Act, 2012
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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