[2006] KEHC 2171 (KLR)

[2006] KEHC 2171 (KLR)

The court dismissed the application because it failed to identify all intended parties in the head notes, did not comply with the mandatory period for seeking leave for certiorari under Order LIII Rule 2, and improperly relied on general Civil Procedure Rules, which do not apply to judicial review proceedings except...

Source-derived case information.

Citation
[2006] KEHC 2171 (KLR)
Parties
Applicant: Nanyuki Municipal Council; Respondent: Commissioner of Lands; Respondent: Chief Land Registrar
Court
High Court
Court Station
High Court at Nyeri
Jurisdiction
Kenya
Case Number
Civil Miscellaneous Application 177 of 2004
Procedural Posture
Miscellaneous Application / Ruling on Ex Parte Notice of Motion
Outcome
application dismissed
Judges
JM Khamoni
Legal Topics
Judicial Review Procedure, Certiorari Leave Period, Applicability of Civil Procedure Rules
Source Language
en
Civil Procedure Administrative Law Judicial Review Procedure Certiorari Leave Period Applicability of Civil Procedure Rules

Source-derived case record

Summary, issues, holding and outcome

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Parties

Nanyuki Municipal Council

Applicant

Commissioner of Lands

Respondent

Chief Land Registrar

Respondent

Procedural Posture

Miscellaneous Application / Ruling on Ex Parte Notice of Motion

Legal Issues

  1. 1 Whether the application properly identified all intended parties as required.
  2. 2 Whether the application for leave to file for certiorari was made within the mandatory period set by Order LIII Rule 2.
  3. 3 Whether the general Civil Procedure Rules apply to judicial review proceedings apart from Order LIII.

Ratio Decidendi

The court dismissed the application because it failed to identify all intended parties in the head notes, did not comply with the mandatory period for seeking leave for certiorari under Order LIII Rule 2, and improperly relied on general Civil Procedure Rules, which do not apply to judicial review proceedings except as provided by Order LIII. The court emphasized the mandatory nature of these procedural requirements, and non-compliance was fatal to the application.

Court Disposition

application dismissed

Orders

  • The Notice of Motion (Ex-parte) dated 6th November, 2004 is dismissed.