[2011] KEHC 3403 (KLR)
The court found that the applicant had demonstrated a sufficient basis for the grant of leave to apply for an order of certiorari to quash the order of the Chief Magistrate and the award of the Ndanai Land Disputes Tribunal. The court exercised its discretion under Order 53 of the Civil Procedure Rules 2010 to grant...
Source-derived case information.
- Citation
- [2011] KEHC 3403 (KLR)
- Parties
- Applicant: Joseph Maritim; Respondent: Chairman Ndanai Land Disputes Tribunal; Respondent: Chief Magistrate, Kericho; Respondent: William Kipruto Maina
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application 6 of 2011
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Leave to Apply for Certiorari and Stay
- Outcome
- Leave to apply for certiorari granted; leave to operate as stay of proceedings and award; directions for filing and service of substantive motion.
- Legal Topics
- Judicial Review, Certiorari, Tribunal Awards, Stay of Proceedings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joseph Maritim
Applicant
Chairman Ndanai Land Disputes Tribunal
Respondent
Chief Magistrate, Kericho
Respondent
William Kipruto Maina
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Leave to Apply for Certiorari and Stay
Legal Issues
- 1 Whether the applicant has established a sufficient basis for the grant of leave to apply for an order of certiorari against the decision of the Chief Magistrate and the award of the Ndanai Land Disputes Tribunal.
- 2 Whether leave granted should operate as a stay of proceedings and the tribunal award pending determination of the substantive motion.
Ratio Decidendi
The court found that the applicant had demonstrated a sufficient basis for the grant of leave to apply for an order of certiorari to quash the order of the Chief Magistrate and the award of the Ndanai Land Disputes Tribunal. The court exercised its discretion under Order 53 of the Civil Procedure Rules 2010 to grant leave and further ordered that such leave would operate as a stay of the proceedings in the Chief Magistrate's Court and the tribunal award, pending the filing and determination of the substantive Notice of Motion. The court also set timelines for the filing and service of the substantive motion, emphasizing compliance with procedural requirements.
Court Disposition
Leave to apply for certiorari granted; leave to operate as stay of proceedings and award; directions for filing and service of substantive motion.
Orders
- Leave is granted to the applicant to apply for an order of certiorari as prayed.
- The leave granted shall operate as a stay of proceedings in Chief Magistrate Court Misc. Civil Application No. 102 of 2010 and the award dated 4th November 2010 made by the 1st Respondent until further orders or determination of the substantive motion.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLICOF KENYA
IN THE HIGH COURT OF KENYA
AT KERICHO
MISCELLANEOUS APPLICATION NO. 6 OF 2011(JR)
JOSEPH MARITIM………. …………………..........................................…………………………..APPLICANT
VS.
THE CHAIRMAN NDANAI LAND DISPUTES TRIBUNAL………………………………….1ST RESPONDENT
THE CHIEF MAGISTRATE, KERICHO………...............................................……………......2ND RESPONDENT
WILLIAM KIPRUTO MAINA……………….............................................……………………3RD RESPONDENT
RULING
I have perused the Chamber Summons application dated 2/2/2011 seeking leave to apply for an order of certiorari to bring into this Court for quashing the order dated 31/1/2011 made by the 2nd Respondent herein, namely, the Chief Magistrate Court at Kericho in Kericho Chief Magistrate Court Misc. Civil application No. 102 of 2010 pursuant to an award dated 4/11/2010 made by the 1st Respondent, Ndanai Land Disputes Tribunal. I have also considered the submissions made by Mr. E.M. Orina, learned Counsel for the applicant. I am satisfied that the applicant has shown sufficient basis for the grant of the leave sought.
Accordingly, pursuant to Rule 1 of Order 53 of the Civil Procedure Rules 2010Igrant the applicant leave to apply for an order of certiorari as prayed for in paragraph (a) of the said application. I order that the leave herein granted shall operate as a stay of the proceedings in the Chief Magistrate Court Misc. Civil application No. 102 of 2010 and the award dated 4th November 2010 made by the 1st Respondent until further orders of this Court or until the Notice of Motion hereinafter directed to be filed is heard and disposed of. In the event that the Notice of Motion is not filed as hereinafter directed, this order for stay shall lapse after the expiry of the period by which time the Motion should be filed.
Pursuant to Rule 3 of Order 53 of the Civil Procedure Rules 2010, I order that the Applicant shall file a Notice of Motion within 14 days of today and shall serve the same within 21 days of filing upon the Respondents and all such persons as may be affected by it.
The Motion, if filed, shall be mentioned on 7/6/2011 at 9. 00am.
DATEDat KERICHO this 16th Day of FEBRUARY, 2011
G B M KARIUKI, SC
RESIDENCE JUDGE
COUNSEL APPEARING
Mr. E.M. Orina, Advocate, for the Applicant
Mr. R. Koech, Court clerk