[2011] KEHC 3404 (KLR)
The court found that the applicant had established sufficient grounds for the grant of leave to apply for an order of certiorari to quash the decision of the Belgut Land Disputes Tribunal, which had been adopted as a judgment by the Chief Magistrate's Court. The court relied on the applicant's submissions, the...
Source-derived case information.
- Citation
- [2011] KEHC 3404 (KLR)
- Parties
- Applicant: Elizabeth Maina; Respondent: Philip Langat; Respondent: Simion Maritim; Respondent: The Chairman Belgut Land Dispute Tribunal; Respondent: The Chief Magistrate’s Court at Kericho
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Criminal Miscellaneous Application 4 of 2011
- Procedural Posture
- Miscellaneous Application / Ruling on Ex Parte Application for Leave to Apply for Certiorari
- Outcome
- Leave granted to apply for certiorari; leave to operate as stay of proceedings.
- Legal Topics
- Judicial Review, Certiorari, Tribunal Awards, Leave to Apply, Stay of Proceedings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Elizabeth Maina
Applicant
Philip Langat
Respondent
Simion Maritim
Respondent
The Chairman Belgut Land Dispute Tribunal
Respondent
The Chief Magistrate’s Court at Kericho
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Ex Parte Application for Leave to Apply for Certiorari
Legal Issues
- 1 Whether the applicant has established sufficient grounds for leave to apply for an order of certiorari against the decision of the Belgut Land Disputes Tribunal adopted by the Chief Magistrate's Court.
- 2 Whether leave should operate as a stay of proceedings in the Chief Magistrate's Court and any proceedings connected with the tribunal award.
Ratio Decidendi
The court found that the applicant had established sufficient grounds for the grant of leave to apply for an order of certiorari to quash the decision of the Belgut Land Disputes Tribunal, which had been adopted as a judgment by the Chief Magistrate's Court. The court relied on the applicant's submissions, the statement of facts, and the verifying affidavit filed in support of the application. In accordance with the Civil Procedure Rules, the court granted leave and directed that the leave should operate as a stay of proceedings in the Chief Magistrate's Court and any proceedings connected with the tribunal award. The court further issued directions regarding the filing and service of the...
Court Disposition
Leave granted to apply for certiorari; leave to operate as stay of proceedings.
Orders
- Leave is granted to the applicant to apply for an order of certiorari as prayed.
- The applicant shall file the Notice of Motion within 21 days from the date of this ruling.
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLICOF KENYA
IN THE HIGH COURT OF KENYA
AT KERICHO
CIVIL MISC. APPLICATION NO. 4 OF 2011(JR)
ELIZABETH MAINA……..………........……………………………APPLICANT
AND
PHILIP LANGAT…………………………………………...1ST RESPONDENT
SIMION MARITIM……………..………...............................2ND RESPONDENT
THE CHAIRMAN BELGUT LAND
DISPUTE TRIBUNAL.. .…………………………………..3RD RESPONDENT
THE CHIEF MAGISTRATE’S COURT
AT KERICHO………………………………………………4TH RESPONDENT
RULING
ELIZABETH MAINA, the Applicant herein, has sought in the ex parte Chamber Summons application dated 18th February, 2011 leave to apply for an order of certiorari to remove into this Court for quashing the undated decision made by Belgut Land Disputes Tribunal adopted as a judgment of the Court on 12/10/2010 by the 4th Respondent, the Chief Magistrate Court at Kericho in Misc. Application No. 91 of 2010.
I have considered the submissions made by Mr. J. K. Kirui, the learned Counsel for the applicant and I have also perused the Statement of facts and the Verifying affidavit filed pursuant to Rule 1 (2) of Order 53 of the Civil Procedure Rule 2010. I am satisfied that the applicant has established sufficient grounds for the leave sought. I allow the application and hereby grant leave to the applicant to apply for an order of certiorari as prayed in the application.
In accordance with Rule 3 (1) of Orders 53 of the Civil Procedure Rules, I direct that the applicant shall file the Notice of Motion within 21 days from the date hereof. I further direct pursuant to Rule 3 (2) of the said Order that the Applicant shall serve the Notice of Motion on the Respondents and all such persons as are affected by it within 14 days of filing.
The Notice of Motion shall be mentioned on 6/6/2011.
Seven days prior to 6/6/2011, the Applicant shall file an affidavit stating who has been served with the Motion and the date and places of service.
Pursuant to Rule 1 (4) of Order 53 of the Civil Procedure Rules 2010, the leave herein granted shall operate as a stay of the proceedings in the Chief Magistrate Court in Misc. App. No. 91 of 2010 and any proceedings connected with the award of the 3rd Respondent.
The costs of this application shall be costs in the Notice of Motion.
DATEDat KERICHO this 23rd Day of FEBRUARY, 2011
G B M KARIUKI, SC
RESIDENCE JUDGE
COUNSEL APPEARING
Mr. J. K. Kirui, Advocate, for the Applicant
Mr. R. Koech, Court clerk