Republic v Senior Resident Magistrate Court Malindi Ex parte Joshua Ngome Immanuel & 2 others [2017] KEHC 4805 (KLR)
- Court
- High Court of Kenya
- Case number
- 4805
- Citation
- [2017] KEHC 4805 (KLR)
- Decided
- 29 June 2017
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeJudicial ReviewPostureEx-parte Applicants seek to quash a decree and judgement of the RespondentCoramAngote, Olao, Thande
Holding
The Respondent had no jurisdiction to hear and determine the dispute, and the proceedings are quashed
Facts
The 1st ex-parte applicant was the defendant in Malindi CMCC No. 31 of 2016, and the 2nd ex-parte applicant bought the subject land from the 1st ex-parte applicant. The Interested Party opposed the application.
Issues
- Whether the Respondent had jurisdiction to hear and determine the dispute
- Whether the ex-parte applicants can set aside the decree and judgement
Reasoning
The Respondent acted without jurisdiction due to an order staying the hearing and determination of matters touching on environment and land in Malindi High Court Petition No. 3 of 2016. The hearing and determination of the case was therefore a nullity.
Outcome
The ex-parte applicants' application is granted, and the proceedings are quashed
Orders
- An order of certiorari removing the proceedings that took place between 14th March, 2016 and 13th December, 2016 in Malindi CMCC No. 31 of 2016 to this court and quashing them
Remedies
- Each party to meet own costs of the proceedings
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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