[2023] KEHC 3635 (KLR)

[2023] KEHC 3635 (KLR)

The court found that the applicant failed to enjoin the land registrars, against whom the orders were sought, which is a fatal procedural omission as it violates the right to a fair hearing. Further, the applicant did not provide evidence of having made a written request for information as required by Section 8(1)...

Source-derived case information.

Citation
[2023] KEHC 3635 (KLR)
Parties
Applicant: MNK; Respondent: MMM
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
24 March 2023
Case Number
Civil Suit E036 of 2021
Procedural Posture
Civil Suit / Ruling on Interlocutory Application
Outcome
application dismissed
Judges
MA Odero
Legal Topics
Matrimonial Property Disclosure, Access to Information, Joinder of Parties, Procedural Fairness
Source Language
english
Family and Children Civil Procedure Matrimonial Property Disclosure Access to Information Joinder of Parties Procedural Fairness

Source-derived case record

Summary, issues, holding and outcome

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Parties

MNK

Applicant

MMM

Respondent

Procedural Posture

Civil Suit / Ruling on Interlocutory Application

Legal Issues

  1. 1 Whether the applicant is entitled to orders compelling land registrars to disclose properties registered in the respondent's name.
  2. 2 Whether failure to enjoin the land registrars is fatal to the application.
  3. 3 Whether the applicant followed the statutory procedure for requesting access to information.

Ratio Decidendi

The court found that the applicant failed to enjoin the land registrars, against whom the orders were sought, which is a fatal procedural omission as it violates the right to a fair hearing. Further, the applicant did not provide evidence of having made a written request for information as required by Section 8(1) of the Access to Information Act. Without such evidence, the court could not conclude that the registrars declined to provide the information. The application was therefore dismissed for lack of merit, as the applicant had not followed the proper legal procedure and was deemed to be on a fishing expedition.

Court Disposition

application dismissed

Orders

  • The Notice of Motion dated June 29, 2022 is dismissed in its entirety.
  • Costs to be met by the applicant.