[1997] KEHC 56 (KLR)
The court found that the application for leave to apply for judicial review orders of certiorari was filed outside the six-month limitation period prescribed by Order 53 Rule 2 of the Civil Procedure Rules, as the impugned tribunal decision was made on 8th June 2009 and leave was sought on 18th January 2010. The...
Source-derived case information.
- Citation
- [1997] KEHC 56 (KLR)
- Parties
- Applicant: Republic of Kenya; Respondent: M'Mwarania M'Muruga; Respondent: Mucheke Mwirabua; Respondent: Chairman – LTD (Meru Central); Respondent: Andeliano Mutwiri
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- ? 334 of 1995
- Procedural Posture
- Judicial Review Miscellaneous Application / Ruling on Application for Leave to Apply for Judicial Review Orders
- Outcome
- application dismissed
- Legal Topics
- Judicial Review Leave, Certiorari, Land Adjudication Disputes, Limitation Periods
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic of Kenya
Applicant
M'Mwarania M'Muruga
Respondent
Mucheke Mwirabua
Respondent
Chairman – LTD (Meru Central)
Respondent
Andeliano Mutwiri
Respondent
Procedural Posture
Judicial Review Miscellaneous Application / Ruling on Application for Leave to Apply for Judicial Review Orders
Legal Issues
- 1 Whether the application for leave to apply for judicial review orders of certiorari was filed within the statutory six-month period as required by Order 53 Rule 2 of the Civil Procedure Rules.
- 2 Whether the applicant (Mutwiri) had locus standi to seek judicial review orders in respect of parcel number Igoji/Gikui/1321.
Ratio Decidendi
The court found that the application for leave to apply for judicial review orders of certiorari was filed outside the six-month limitation period prescribed by Order 53 Rule 2 of the Civil Procedure Rules, as the impugned tribunal decision was made on 8th June 2009 and leave was sought on 18th January 2010. The applicant's assertion that the decision was only made known on 10th November 2009 was unsupported by sufficient evidence. Furthermore, the applicant failed to prove ownership or sufficient interest in the disputed parcel of land, as he did not provide documentary evidence of ownership and the tribunal had ruled against him, ordering registration in his brother's name. The court...
Court Disposition
application dismissed
Orders
- The application for leave dated 18th January 2010 is dismissed.
- Costs awarded to the 1st and 2nd respondents.
Full Case Text
Judgment text and source record
6 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MERU JUDICIAL REVIEW HIGH COURT MISC. NO. 1 OF 2010
REPUBLIC …………………….....…………..………… APPLICANT VERSUS M’MWARANIA M’MURUGA …………….……. 1ST RESPONDENT MUCHEKE MWIRABUA ……………………… 2ND RESPONDENT CHAIRMAN – LTD (MERU CENTRAL)..............3RD RESPONDENT ANDELIANO MUTWIRI ……………….….……. 4th RESPONDENT
RULING
An application dated 18th January 2010 is before me for consideration. Although the heading of the application shows that the applicant is the Republic of Kenya, the same was urged by counsel appearing for the ex parte, that is, Andeliano Mutwiri. At this point, I should state that the applicant seeks the leave of the court for an application to be made for orders of certiorari to quash the decision of the Adjudication Land Dispute Cause No. 83 of 2006 sitting at Igoji. That decision was made on 8th June 2009. It is obvious by looking at the date of that decision that the application is defeated by order 53 Rule 2 of the new Civil Procedure Rules. This is because leave was sought in excess of the six months provided under that rule. Mutwiri did however file a further affidavit dated 11th October 2010. By that affidavit, Mutwiri stated that the tribunal’s decision was read before the lower court on 10th November 2009. He deponed that the parties knew the content of the ruling on that day. Mutwiri however fails in this application for leave to seek for judicial review because he failed to prove by documents that he was the owner of parcel number Igoji/Gikui/1321. This is the parcel the subject of the dispute. It is clear even looking at the proceedings before the tribunal that Mutwiri filed that action before the tribunal seeking for an order that the property be registered under his name. The tribunal ruled against him and ordered that that portion of land be registered in his brother’s name, Kaburia Muraga. That being the case, Mutwiri would seem to be a busy body in this action and is not entitled to seek for judicial review of the tribunal decision. What Mutwiri should probably have done is to file an appeal or an action in court seeking a declaration that he is the rightful owner. It is for that reason that I find that the application for leave dated 18th January 2010 must fail and the same is hereby dismissed and the costs thereof are awarded to the 1st and 2nd respondents.
Dated, signed and delivered at Meru this 20th day of January 2011.
MARY KASANGO JUDGE