[2017] KEHC 8683 (KLR)
The court found that the Chamber Summons for judicial review was improperly brought before it, as there was already another suit (No. 10/07) filed by the applicant on the same subject matter. The applicant's counsel admitted this fact, and the Interested Party confirmed it in the Replying Affidavit. The court...
Source-derived case information.
- Citation
- [2017] KEHC 8683 (KLR)
- Parties
- Applicant: Republic; Respondent: Hon. Attorney General; Respondent: District Land Adj & Settlement Officer, Igembe; Respondent: Adj Officer, Amungenti Adj Section; Applicant: Joshua Murungi Kiambati; Applicant: Andrew Kithela Mwongo; Applicant: Silas Murungi Kiambati; Applicant: John Mwithali; Applicant: Amos Thirinya; Applicant: Japhet Miriti; Applicant: Salesio M'Ikirima; Applicant: Mark Kaunga Mwambi
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application 18 of 2015
- Procedural Posture
- Miscellaneous Application / Ruling on Withdrawal of Chamber Summons
- Outcome
- Application withdrawn with costs to the Interested Party.
- Judges
- LN Mbugua
- Legal Topics
- Judicial Review, Withdrawal of Application, Costs Award, Land Adjudication
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Hon. Attorney General
Respondent
District Land Adj & Settlement Officer, Igembe
Respondent
Adj Officer, Amungenti Adj Section
Respondent
Joshua Murungi Kiambati
Applicant
Andrew Kithela Mwongo
Applicant
Silas Murungi Kiambati
Applicant
John Mwithali
Applicant
Amos Thirinya
Applicant
Japhet Miriti
Applicant
Salesio M'Ikirima
Applicant
Mark Kaunga Mwambi
Applicant
Procedural Posture
Miscellaneous Application / Ruling on Withdrawal of Chamber Summons
Legal Issues
- 1 Whether the Chamber Summons for judicial review should be withdrawn.
- 2 Whether costs should be awarded to the Interested Party upon withdrawal.
Ratio Decidendi
The court found that the Chamber Summons for judicial review was improperly brought before it, as there was already another suit (No. 10/07) filed by the applicant on the same subject matter. The applicant's counsel admitted this fact, and the Interested Party confirmed it in the Replying Affidavit. The court exercised its discretion to allow the withdrawal of the Chamber Summons and, given the unnecessary duplication of proceedings, awarded costs to the Interested Party.
Court Disposition
Application withdrawn with costs to the Interested Party.
Orders
- The Chamber Summons dated 24:07:15 and filed on 10:08:15 is withdrawn.
- Costs awarded to the Interested Party.
Full Case Text
Judgment text and source record
29 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
ENVIRONMENT AND LAND COURT
MISC. APP. 18 OF 2015
REPUBLIC ….................................................................................APPLICANT
VERSUS
THE HON. ATTORNEY GENERAL................................1ST RESPONDENT
DISTRICT LAND ADJ & SETTLEMENT
OFFICER, IGEMBE.........................................................2ND RESPONDENT
ADJ OFFICER, AMUNGENTI ADJ SECTION.............3RD RESPONDENT
AND
JOSHUA MURUNGI KIAMBATI
ANDREW KITHELA MWONGO
SILAS MURUNGI KIAMBATI
JOHN MWITHALI
AMOS THIRINYA
JAPHET MIRITI
SALESIO M'IKIRIMA
MARK KAUNGA MWAMBI…....................................EX-PARTE APPLICANTS
R U L I N G
On 20:02:17, Mr. Murango for the Interested Party applied for the withdrawal of the Chamber Summons. Mr. Murango Mwenda did not object save to pray for costs.
A perusal of the Court's record indicate that the Chamber Summons was filed on 10:08:15. The prayers sought are in the realm of Judicial Review. The application was served hence the Reply by the Interested Party. It has been admitted by Mr. Murango that there is another suit. No. 10/07 filed by the applicant herein, a fact confirmed by the Interested Party in the Replying Affidavit.
It appears that applicant should not have brought this suit forth in the first place.
The Chamber Summons dated 24:07:15 and filed on 10:08:15 is hereby withdrawn with costs to the Interested Party.
DELIVERED IN OPEN COURT AT MERU THIS 9TH DAY MARCH2017
IN THE PRESENCE OF:-
CA: Kananu
L.N. MBUGUA
JUDGE