[2014] KEHC 7005 (KLR)
The court found that the applicant had established sufficient reasons to warrant the granting of leave to apply for judicial review orders of certiorari and prohibition. The material presented, including the verifying affidavit and statutory statement, demonstrated an arguable case that the respondent's decision was...
Source-derived case information.
- Citation
- [2014] KEHC 7005 (KLR)
- Parties
- Applicant: Itugura Munyi represented by Kithaka Ikuthi; Respondent: Minister for Lands; Respondent: Land Registrar Mbeere District; Interested Party: John Karani Kiberenge (deceased) represented by Timothy Mugo Karani
- Court
- High Court
- Court Station
- High Court at Kerugoya
- Jurisdiction
- Kenya
- Case Number
- Judicial Review Miscellaneous Application 2 of 2014
- Procedural Posture
- Judicial Review Application / Ruling on Leave to Apply for Judicial Review and Stay
- Outcome
- Leave to apply for judicial review granted; leave to operate as stay of registration; directions for filing and service of substantive motion; costs in the cause.
- Judges
- BN Olao
- Legal Topics
- Judicial Review, Land Adjudication, Certiorari, Prohibition Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Itugura Munyi represented by Kithaka Ikuthi
Applicant
Minister for Lands
Respondent
Land Registrar Mbeere District
Respondent
John Karani Kiberenge (deceased) represented by Timothy Mugo Karani
Interested Party
Procedural Posture
Judicial Review Application / Ruling on Leave to Apply for Judicial Review and Stay
Legal Issues
- 1 Whether the applicant has established sufficient grounds for leave to apply for orders of certiorari and prohibition against the decision of the Minister for Lands.
- 2 Whether the leave granted should operate as a stay of the Land Registrar's intended registration of the disputed land.
Ratio Decidendi
The court found that the applicant had established sufficient reasons to warrant the granting of leave to apply for judicial review orders of certiorari and prohibition. The material presented, including the verifying affidavit and statutory statement, demonstrated an arguable case that the respondent's decision was made without reasonable cause and without providing reasons for deviating from a prior committee ruling. Consequently, the court exercised its discretion to grant leave and further ordered that such leave would operate as a stay of the Land Registrar's decision to register the disputed land, pending the hearing and determination of the substantive motion. The court also set...
Court Disposition
Leave to apply for judicial review granted; leave to operate as stay of registration; directions for filing and service of substantive motion; costs in the cause.
Orders
- Leave is granted to the applicant to apply for orders of certiorari and prohibition.
- The leave granted shall operate as a stay of the decision of the Land Registrar Mbeere District from registering the disputed portions of land to the 2nd interested party pending the hearing and determination of the substantive Notice of Motion.
Full Case Text
Judgment text and source record
39 paragraphs
REPUBLICOF KENYA
IN THE HIGH COURT OF KENYA AT KERUGOYA
JR. MISC. CIVIL APPLICATION NO. 2 OF 2014
IN THE MATTER OF AN APPLICATION FOR JUDICIAL REVIEW FOR ORDERS OF PROHIBITION AND CERTIORARI
AND
IN THE MATTER OF AN APPEAL TO THE MINISTER LAND APPEAL CASE NUMBER 125 OF 1991
JOHN KARANI KIBERENGE (DECEASED)
REPRESENTED BY TIMOTHY MUGO KARANI ............................................................................... APPELLANT
AGAINST
ITUGURA MUNYI REPRESENTED BY KITHAKA IKUTHU ....DEFENDANT
AND
IN THE MATTER OF MUTITU LAND ADJUDICATION SECTION
ITUGURA MUNYI REPRESENTED BY KITHAKA IKUTHI ..... APPLICANT
VERSUS
MINISTER FOR LANDS ...............................................................RESPONDENT
AND
THE LAND REGISTRAR MBEERE DISTRICT ....................... 1ST INTEREESTED PARTIES
JOHN KARANI KIBERENGE (REPRESENTED BY
TIMOTHI MUGO KARANI ....................................... 2ND INTERESTED PARTY
RULING
The applicant herein vide his Chamber summons filed on 14th January 2014 under Certificate of Urgency seeks leave to apply for an order of certiorari to quash the decision of the respondent in Appeal Case No. 125 of 1991 depriving him of his property without reasonable cause. He further seeks leave to apply for an order of prohibition prohibiting the Land Registrar Mbeere District the 1st interested party herein from registering the disputed portions of land and that such leave do operate as a stay of the intended action by the said Land Registrar Mbeere District.
The application is supported by the ex-parte applicant’s verifying affidavit and other annextures in which he has deponed, inter alia, that the respondent in his ruling dated 31st July 2013 in Appeal Case No. 125 of 1991 did not give any reasons or grounds for deviating from the ruling of the Committee Case No. 37/74-75.
I have considered the application, the submission by Kamunda advocate, the applicant’s verifying affidavit and Statutory statement as well as the annextures herein.
I am satisfied from the material placed before me that ex-parte applicant has established sufficient reasons to warrant the granting of the orders sought in the said Chamber Summons. I grant the leave sought and further direct that the said leave shall operate as a stay of the decision of the said Land Registrar Mbeere District from registering the disputed portions of land to the 2nd interested party pending the hearing and determination of the substantive Notice of Motion which shall be filed within twenty one (21) days of the delivery of this ruling. I further direct that the said Notice of Motion be served on all persons/parties affected by it within 14 days of being filed.
Costs in the cause.
B.N. OLAO
JUDGE
31ST JANUARY, 2014
31/01/2014
Coram
B.N. Olao – Judge
CC – Mwangi
Mr. Ngari for Mr. Kamunda for Applicant - present
Respondent - absent (Ex-parte)
COURT: Ruling delivered in open Court this 31st January 2014.
Mr. Ngari for Mr. Kamunda for applicant present.
B.N. OLAO
JUDGE
31ST JANUARY, 2014