[2007] KEHC 1959 (KLR)
The court determined that, in accordance with Practice Direction No. 4 and Legal Notice No 300 of 19th January 2007, leave of the Chief Justice is a prerequisite for the application to proceed. The judge, therefore, declined to make any substantive orders on the application and instead forwarded the file to the...
Source-derived case information.
- Citation
- [2007] KEHC 1959 (KLR)
- Parties
- Applicant: Mariam Abdalla Katoto; Defendant: Chief Lands Registrar; Interested Party: Sheva Hotels Ltd; Interested Party: Samwel Kanogu Ritho
- Court
- High Court
- Court Station
- High Court at Malindi
- Jurisdiction
- Kenya
- Case Number
- Children Miscellaneous Application 29 of 2006
- Procedural Posture
- Miscellaneous Application / Ruling on Directions
- Outcome
- Application referred to the Chief Justice for directions; no substantive orders made.
- Judges
- CA Ombija
- Legal Topics
- Leave of Court, Practice Directions, Judicial Directions
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mariam Abdalla Katoto
Applicant
Chief Lands Registrar
Defendant
Sheva Hotels Ltd
Interested Party
Samwel Kanogu Ritho
Interested Party
Procedural Posture
Miscellaneous Application / Ruling on Directions
Legal Issues
- 1 Whether leave of the Chief Justice is required before proceeding with the application.
- 2 What directions should be given in light of L.N. No 300 of 19th January 2007.
Ratio Decidendi
The court determined that, in accordance with Practice Direction No. 4 and Legal Notice No 300 of 19th January 2007, leave of the Chief Justice is a prerequisite for the application to proceed. The judge, therefore, declined to make any substantive orders on the application and instead forwarded the file to the Chief Justice for directions. The matter was set to be mentioned before the Chief Justice on a specified date or any other date convenient to the Chief Justice. This approach ensures compliance with procedural requirements and upholds the proper administration of justice.
Court Disposition
Application referred to the Chief Justice for directions; no substantive orders made.
Orders
- The file is forwarded to the Chief Justice for directions.
- The matter to be mentioned before the Chief Justice on 30th March or any other date convenient to the Chief Justice.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MALINDI
Misc 29 of 2006
MARIAM ABDALLA KATOTO ………….………….. APPLICANT
VERSUS
CHIEF LANDS REGISTRAR …………......………. DEFENDANT
SHEVA HOTELS LTD
SAMWEL KANOGU RITHO …..………..INTERESTED PARTIES
R U L I N G
The application is by way of Notice of Motion. It is dated 3rd March 2006.
At the hearing, advocate Albert Khaminwa sought directions of the court in view of the L.N. No 300 of 19th January 2007.
I have scanned through the application. I take the view that leave of the Chief Justice is required. (See practice direction No. 4. )
Accordingly I forward this file the Chief Justice for directions.
The matter to be mentioned before the Chief Justice on 30th day of March or any other date convenient to the Chief Justice.
Dated and delivered at Malindi the 22nd Day of March 2007.
N.R.O. OMBIJA
JUDGE