[2013] KEHC 811 (KLR)
The court found that, despite the absence of the full tribunal proceedings, the applicants had presented sufficient material—namely, the order from Busia CMC Land case No. 37 of 2012—demonstrating that the tribunal's decision affected their rights over the subject land parcels. The court exercised its discretion to...
Source-derived case information.
- Citation
- [2013] KEHC 811 (KLR)
- Parties
- Applicant: Alfred Ididi Eketon Ididi; Applicant: Vincent Epale Etyang; Respondent: The Chairman, Amagoro Land Disputes Tribunal; Interested Party: Isaac Benard Otome Oduya
- Court
- High Court
- Court Station
- High Court at Busia
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application 1 of 2013
- Procedural Posture
- Miscellaneous Application / Ruling on Leave to Apply for Judicial Review
- Outcome
- Leave to file substantive application for judicial review granted.
- Legal Topics
- Judicial Review, Certiorari, Land Disputes Tribunal, Leave to Apply, Boundary Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Alfred Ididi Eketon Ididi
Applicant
Vincent Epale Etyang
Applicant
The Chairman, Amagoro Land Disputes Tribunal
Respondent
Isaac Benard Otome Oduya
Interested Party
Procedural Posture
Miscellaneous Application / Ruling on Leave to Apply for Judicial Review
Legal Issues
- 1 Whether the applicants should be granted leave to apply for judicial review orders of certiorari against the decision of the Amagoro Land Disputes Tribunal.
- 2 Whether the absence of the tribunal proceedings precludes the grant of leave.
Ratio Decidendi
The court found that, despite the absence of the full tribunal proceedings, the applicants had presented sufficient material—namely, the order from Busia CMC Land case No. 37 of 2012—demonstrating that the tribunal's decision affected their rights over the subject land parcels. The court exercised its discretion to grant leave, holding that the threshold for leave is not as high as for the substantive application and that the applicants had established an arguable case warranting further consideration. The court thus granted leave to file the substantive application for judicial review orders of certiorari.
Court Disposition
Leave to file substantive application for judicial review granted.
Orders
- Leave to file the substantive application is granted.
- The substantive application be filed and served within 21 days.
Full Case Text
Judgment text and source record
31 paragraphs
REPUBLIC OF KENYA.
IN THE HIGH COURT OF KENYA AT BUSIA.
MISC. APPLICATION NO. 1 OF 2013.
IN THE MATTER OF AN APPLCIATION ALFRED EKETON IDISI AND
VINCENT EPALE ETYANG FOR LEAVE TO APPLY FOR JUDICIAL REVIEW
ORDERS OF CERTIORARI.
AND
IN THE MATTER OF BUSIA PRINCIPAL MAGISTRATE’S COURT LAND.
DISPUTE TRIBUNAL CASE NO. 37 OF 2012.
AND
IN THE MATTER OF THE DECISION OF AMAGORO LAND DISPUTES
TRIBUNAL CASE NO. 02 OF 2011.
BETWEEN
REPUBLIC ………………………………………………………………………………….. APPLICANT
AND
THE CHAIRMAN
AMAGORO LAND DISPUTES TRIBUNAL……………………………………..RESPONDENT
ALFRED IDIDI EKETON IDIDI
VINCENT EPALE ETYANG………………………………………………………….APPLICANT
EX-PARTE
ISAAC BENARD OTOME ODUYA…………………………………………INTERESTED PARTY.
R U L I N G.
Alfred Ididi Eketon Ididi and Vincent Epale Etyang, hereinafter referred to 1st and 2nd Applicant, filed the Notice of Motion dated 3rd January, 2013 requesting for leave to apply for Judicial review of orders of certiorari in respect of Land Disputes Tribunal case No. 37 of 2012 and costs.
The Application is supported by the affidavit of Alfred Eketon Ididi sworn on 3rd January, 2013 to which is attached an order issued in Busia CMC Land case No. 37 of 2012. The order shows that the tribunal award was to the effect that Isaac Benard Otome Oduya, was the one entitled to use land parcels South Teso/ Amukura/1507 and 1500. The tribunal also directed the District Land Registrar to mark the boundaries to avoid further interference.
The court having considered the material presented by the applicants, even though the copy of the proceedings before the tribunal was not availed, finds that this is a suitable case where leave to file the substantive application should be granted. The application dated 3rd January, 2013 is therefore granted in the following terms.
That leave to file the substantive application is granted.
The substantive application be filed and served in 21 days.
Costs will be in the cause.
S. M. KIBUNJA,
JUDGE.
DATED AND DELIVERED ON 4TH DAY OF DECEMBER, 2013 AT BUSIA.