[2011] KEHC 3418 (KLR)
The court found that the applicant had demonstrated sufficient grounds to justify the grant of leave to apply for an order of certiorari to quash the decision of the Senior Resident Magistrate Court at Narok, which was based on the award of the Provincial Land Disputes Committee. The court exercised its discretion...
Source-derived case information.
- Citation
- [2011] KEHC 3418 (KLR)
- Parties
- Applicant: Ledama Lelei; Respondent: Chairman, Provincial Land Disputes Committee; Respondent: The Senior Magistrate’s Court, Narok; Respondent: Evaline Tuiya
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Application 7 of 2011
- Procedural Posture
- Miscellaneous Application / Ruling on Leave to Apply for Judicial Review (certiorari) and Stay
- Outcome
- Leave to apply for certiorari granted; leave to operate as stay of proceedings; directions for filing and service of substantive motion.
- Legal Topics
- Judicial Review, Certiorari, Land Disputes, Stay of Proceedings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ledama Lelei
Applicant
Chairman, Provincial Land Disputes Committee
Respondent
The Senior Magistrate’s Court, Narok
Respondent
Evaline Tuiya
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Leave to Apply for Judicial Review (certiorari) and Stay
Legal Issues
- 1 Whether the applicant has demonstrated sufficient grounds for leave to apply for an order of certiorari.
- 2 Whether leave should operate as a stay of proceedings in the lower court and related matters.
Ratio Decidendi
The court found that the applicant had demonstrated sufficient grounds to justify the grant of leave to apply for an order of certiorari to quash the decision of the Senior Resident Magistrate Court at Narok, which was based on the award of the Provincial Land Disputes Committee. The court exercised its discretion to grant leave and further ordered that such leave would operate as a stay of proceedings in the lower court and any related matters until the substantive motion is heard and determined or until further orders. The court also set timelines for filing and serving the substantive motion, emphasizing compliance with procedural requirements under Order 53 of the Civil Procedure...
Court Disposition
Leave to apply for certiorari granted; leave to operate as stay of proceedings; 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 Narok Senior Principal Magistrate Misc. Land Case No. 3 of 2010 and related matters until the motion is heard and determined or until further orders.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLICOF KENYA
IN THE HIGH COURT OF KENYA
AT KERICHO
MISC CIVIL APP. NO. 7 OF 2011
LEDAMA LELEI ………………………………………………… APPLICANT
VERSUS
CHAIRMAN
PROVINCIALLANDDISPUTES COMMITTEE……….1ST RESPONDENT
THE SENOR MAGISTRATE’S COURT, NAROK ……..2ND RESPONDENT
EVALINE TUIYA ………………………………………….3RD RESPONDENT
RULING
I have perused the Chamber Summons application dated February 2nd, 2011 seeking leave to apply for an order of certiorari to bring into this court for quashing the order dated 21st December, 2010 made by the Senior Resident Magistrate Court at Narok in Narok SPM Misc. Land Case No. 3 of 2010 pursuant to the award dated 14th September, 2010 made by the Provincial Land Disputes Committee. I have considered the submissions made by Advocate E.M. Orina on behalf of the Applicant and I am satisfied that the Applicant has shown sufficient grounds to justify the grant of the leave sought.
I accordingly grant the Applicant leave to apply for an order of certiorari as prayed for in prayer (a) of the said application. I also order that the leave herein granted shall operate as a stay of proceedings in Narok Senior Principal Magistrate Misc. Land Case No. 3 of 2010 or in proceedings connected or relating thereto or to the award dated 14th September, 2010 made by the 1st Respondent. This order for stay shall remain in force until the Motion to be filed herein is heard and determined or until further orders of this court. If no motion is filed as directed hereinafter, the order for stay shall lapse after the expiry of the period for filing the motion.
I further order pursuant to Order 53 Rule 3 of the Civil Procedure Rules 2010 that the Applicant shall file the Notice of Motion within 14 days of the date hereof and shall serve the same on the Respondents and all such persons or bodies as may be affected by it within 21 days of filing. The Notice of Motion, if filed, shall be mentioned on 7th June, 2011 at 9. 00a.m.
DATED at KERICHO this 16th day of February, 2011
G.B.M. KARIUKI, SC
RESIDENT JUDGE
COUNSEL APPEARING
Mr. Orina for the Applicant instructed by Messrs E.M. Orina & Company Advocates
Court Clerk – Mr. Koech