Republic v Chairman Muthambi Divisional Land Disputes Tribunal & another Ex-Parte Rufus M'naivasha M'miriti [2016] KEHC 652 (KLR)
- Court
- High Court of Kenya
- Case number
- 652
- Citation
- [2016] KEHC 652 (KLR)
- Decided
- 10 November 2016
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeJudicial ReviewPostureEx parte application for an order of certiorariCoramC.A Daniel/James, Kiogora Arithi, Kiongo, Miss Nyaga
Holding
The suit is not dismissed. The Respondent and Interested Party are given 60 days to file their responses and germane documents.
Facts
The Exparte Applicant, Rufus M'naivasha M'miriti, applied for an order of certiorari against the Chairman Muthambi Divisional Land Disputes Tribunal. The Respondent and Interested Party failed to file their responses and apposite documents.
Issues
- Whether the suit should be dismissed for want of prosecution
- Whether the Respondent and Interested Party should be given a last chance to file their responses and documents
Reasoning
The delay in the hearing and determination of the case was largely occasioned by the failure of the Respondent and the Interested Party to file their responses and apposite documents. The Exparte Applicant has shown to the satisfaction of the Court that this suit should not be dismissed.
Outcome
The suit is not dismissed.
Orders
- The Respondent and Interested Party are given 60 days as a last chance to file their responses and germane documents.
- Costs shall be in the cause.
- Directions on 25/01/2017.
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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