Josphat Mbaabu Anampiu & 3 others v Ndegwa Kamuuruin The Land Adjudication Officer Tigania East (Akaiga Adjudication Section) & another [2016] KEHC 755 (KLR)
- Court
- High Court of Kenya
- Case number
- 755
- Citation
- [2016] KEHC 755 (KLR)
- Decided
- 3 November 2016
The applicant is granted leave to apply for judicial review seeking orders of prohibition and mandamus to compel the respondent to return the suit land to its original location and reverse any registration.
Facts
The applicants are registered owners of parcel No. 2626 Akaiga Adjudication Section. The respondent filed an objection No. 835 against the deceased father of the applicants, Justus Kanampiu M'umbuthu, without any justifiable cause. The applicants claim that the decision of the respondent was not implemented and that the land should be returned to them.
Issues
- Whether the respondent's decision should be quashed and declared null and void
- Whether the respondent should be debarred from implementing his decision
- Whether the respondent should be compelled to return the land to the applicants
Reasoning
The court found that the respondent's decision was not implemented and that the objection was filed without any justifiable cause. The court also found that the decision was not within the jurisdiction of the respondent.
Outcome
Granted leave to apply for judicial review
Orders
- Grant leave to apply for judicial review
- Compel the respondent to return the suit land to its original location and reverse any registration
Remedies
- Compel the respondent to return the suit land to its original location and reverse any registration
Authorities cited
Legislation (4)
- Land Consolidation Act Cap 283
- Land Adjudication Act Cap 284
- Land Registration Act Cap 3
- Land Act Cap 6
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