Republic v Ministry of Land, Housing and Urban Development & 2 others Exparte Josphat K Yator; Jane Chepkosgei Chekiyeng & another (Interested Parties) [2019] KEHC 650 (KLR)
- Court
- High Court of Kenya
- Case number
- 650
- Citation
- [2019] KEHC 650 (KLR)
- Decided
- 27 November 2019
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeJudicial ReviewPostureRespondents challenged jurisdiction and sought to quash a ruling.
Holding
The court held that the court has jurisdiction to hear the matter and granted the applicant's orders for certiorari.
Facts
The ex parte applicant claimed parcels 1463 and 1179 belonged to him, but the respondents had registered them under the name of the 1st interested party. The applicant alleged the respondents lacked jurisdiction and violated the Adjudication Act.
Issues
- Whether the court has jurisdiction to hear this matter
- Whether the applicant should be granted orders for certiorari
Reasoning
The court ruled that the court has jurisdiction to review the decision-making process, not the merits of the decision itself.
Outcome
Granted the applicant's orders for certiorari.
Orders
- An order of certiorari be issued to remove into the High Court and quash forthwith the proceedings and ruling delivered on 19-5-2017 in respect of parcel No. 1463 and 1179 of 20-01-2017 before the 1st, 2nd and 3rd respondent and in favour of the interested party and or against the ex parte applicant.
Remedies
- Costs of the suit.
Authorities cited
Legislation (1)
- Adjudication Act
Cases cited (2)
- Republic v Public Procurement Administrative Review Board & 2 others Ex Parte - Sanitam Services (E.A) Limited [2013] eKLR
- Municipal Council of Mombasa vs. Republic & Umoja Consultants Ltd Civil Appeal No. 185 of 2001
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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