[2011] KEHC 4217 (KLR)
The court found that the applicant had established sufficient grounds for the grant of leave to apply for an order of certiorari to quash the judgment and decree of the Principal Magistrate at Sotik and the award of the Sotik Land Disputes Tribunal. The court was satisfied by the statement of facts, verifying...
Source-derived case information.
- Citation
- [2011] KEHC 4217 (KLR)
- Parties
- Applicant: Philomena Chepkemoi Seron alias Justina Rono; Respondent: The Chairman Sotik Land Disputes Tribunal; Respondent: The Principal Magistrate, Sotik; Respondent: Lucia Chelangat Tangut
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application 11 of 2009
- Procedural Posture
- Miscellaneous Application / Ruling on Ex Parte Application for Leave to Apply for Certiorari
- Outcome
- Leave granted to apply for certiorari; leave to operate as stay of award and judgment pending hearing and determination of the Notice of Motion.
- Legal Topics
- Judicial Review, Certiorari, Land Disputes Tribunal Awards, Stay of Execution
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Philomena Chepkemoi Seron alias Justina Rono
Applicant
The Chairman Sotik Land Disputes Tribunal
Respondent
The Principal Magistrate, Sotik
Respondent
Lucia Chelangat Tangut
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Ex Parte Application for Leave to Apply for Certiorari
Legal Issues
- 1 Whether the applicant has established sufficient grounds for leave to apply for an order of certiorari to quash the judgment and decree of the Principal Magistrate and the award of the Sotik Land Disputes Tribunal.
- 2 Whether the leave granted should operate as a stay of the award and judgment pending determination of the substantive motion.
Ratio Decidendi
The court found that the applicant had established sufficient grounds for the grant of leave to apply for an order of certiorari to quash the judgment and decree of the Principal Magistrate at Sotik and the award of the Sotik Land Disputes Tribunal. The court was satisfied by the statement of facts, verifying affidavit, and submissions of counsel for the applicant. Consequently, the court granted leave and ordered that such leave would operate as a stay of the award and judgment until the substantive motion is heard and determined or until further orders. The court also directed the applicant to file and serve the Notice of Motion within specified timelines, ensuring procedural compliance...
Court Disposition
Leave granted to apply for certiorari; leave to operate as stay of award and judgment pending hearing and determination of the Notice of Motion.
Orders
- Leave is granted to the applicant to apply for an order of certiorari to remove into the High Court the judgment/decree and the award of the elders as prayed.
- The leave granted shall operate as a stay of the award and the judgment of the Sotik Principal Magistrate Court until the Notice of Motion is heard and determined or until further orders of the court.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KERICHO
MISCELLANEOUS APPLICATION NO. 11 OF 2009(JR)
PHILOMENA CHEPKEMOI SERON alias JUSTINA RONO...........................................................APPLICANT
AND
THE CHAIRMAN SOTIK LAND DISPUTES TRIBUNAL.......................................................1ST RESPONDENT
THE PRINCIPAL MAGISTRATE, SOTIK...............................................................................2ND RESPONDENT
LUCIA CHELANGAT TANGUT................................................................................................3RD RESPONDENT
RULING
In her ex-parte application dated 17/9/2009, the Applicant, Philomena Chepkemoi Seron alias Justina Rono seeks under Order 53 of the Civil Procedure Rulesleave to apply for an order of certiorari to remove into this Court for the purpose of quashing the judgment and decree issued on 12th March 2009, by the Principal Magistrate at Sotik in case No. 4 of 2008 and the award of the Sotik Land Disputes Tribunal on the basis which the judgment/decree was issued.
I have perused the Statement of facts and the verifying affidavit filed by the Applicant and have duly considered the same as well as the submissions made by Mr. J. K. Koske, the Learned Counsel for the Applicant. I am satisfied that the Applicant has established sufficient ground for the grant of leave. Accordingly, I allow the application and grant leave to the Applicant to apply to this Court for an order of certiorari to remove into this Court the judgment/decree and the award of the elders as prayed for in the application.
I order that the leave hereby granted shall operate as a stay of the award and the judgment of the Sotik Principal Magistrate Court until the Notice of Motion is heard and determined or until further orders of this Court.
I direct that the Applicant shall pursuant to Rule 3 of Order 53 of the Civil Procedure Rules 2010 file in this Court within 21 days a Notice of Motion. I further direct that the Notice of Motion shall be served within 21 days of filing upon the Respondents and all such persons as may be affected by it.
This cause shall be mentioned on 14/3/2011.
DATEDat KERICHO this 20th Day of JANUARY, 2011
G B M KARIUKI, SC
RESIDENCE JUDGE
COUNSEL APPEARING
Mr. J. K. Koske, Advocate, for the Applicant
Mr. N. Bett, Court clerk