[2013] KEHC 2 (KLR)
The court found that since the interested party conceded to the issuance of the order of certiorari, the applicant's application had merit and the decision of the Chakol Land Disputes Tribunal should be quashed. However, considering the nature of the dispute, which was based on beneficial interest, and the close...
Source-derived case information.
- Citation
- [2013] KEHC 2 (KLR)
- Parties
- Applicant: Republic; Respondent: Chakol Land Disputes Tribunal; Interested Party: Linet Ooko Ogolla; Applicant: Joseph Omondi Onyango
- Court
- High Court
- Court Station
- High Court at Busia
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 9 of 2011
- Procedural Posture
- Judicial Review / Ruling
- Outcome
- Order of certiorari granted; each party to bear their own costs.
- Legal Topics
- Judicial Review Certiorari, Land Disputes Tribunal Decisions, Costs Award, Beneficial Interest
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Chakol Land Disputes Tribunal
Respondent
Linet Ooko Ogolla
Interested Party
Joseph Omondi Onyango
Applicant
Procedural Posture
Judicial Review / Ruling
Legal Issues
- 1 Whether the decision of the Chakol Land Disputes Tribunal regarding land parcel South Teso/Angoromo/6168 should be quashed by an order of certiorari.
- 2 Whether costs should be awarded to the successful applicant or each party should bear their own costs.
Ratio Decidendi
The court found that since the interested party conceded to the issuance of the order of certiorari, the applicant's application had merit and the decision of the Chakol Land Disputes Tribunal should be quashed. However, considering the nature of the dispute, which was based on beneficial interest, and the close familial relationship between the parties, the court exercised its discretion to order that each party bear their own costs. The court also noted the possibility that the interested party may pursue her claim in a new matter, further justifying the decision on costs.
Court Disposition
Order of certiorari granted; each party to bear their own costs.
Orders
- An order of certiorari is issued quashing the decision of Chakol Land Disputes Tribunal on Land parcel South Teso/Angoromo/6168 dated 7th July, 2010 and adopted by the Senior Principal Magistrate’s court in Land case No.76 of 2010 on 23rd September, 2010.
- Each party bears their own cost.
Full Case Text
Judgment text and source record
26 paragraphs
IN HIGH COURT OF KENYA AT BUSIA.
REVIEW CASE NO. 9 OF 2011.
IN THE MATTER OF THE REGISTERED LAND ACT.
AND
IN THE MATTER OF AND APPLICATION FOR JUDCIAL REVIEW
AND
IN THE MATTER OF LR NO. SOUTH TESO/ANGOROMOR/6168 OVER BUSIA SPM CC.
LAND CASE NO. 76 OF 2010.
BETWEEN
REPUBLIC ………………………………...............…..…….APPLICANT
V E R S U S
CHAKOL LAND DISPUTES TRIBUNAL……...................RESPONDENT
AND
LINET OOKO OGOLLA………….................….....INTERESTED PARTY
AND
IN THE MATTER OF JOSEPH OMONDI ONYANGO….…APPLICANT.
R U L I N G.
JOSEPH OMONDI ONYANGO, through his advocates M/S. Ashioya & company advocates filed a notice of motion dated 5th April, 2011, for an order of certiorari against the decision of Chakol Land Disputes Tribunal over land parcel South Teso/Angoromo/6168 and costs. The interested party, Linet Ooko Ogolla through her advocates M/S. Wanyama & company advocates opposed the application and filed a replying affidavit sworn on 12th October, 2011. Both counsel filed written submissions. In the submissions filed by the interested party’s advocate dated 22nd April, 2013, the interested party concedes to issuance of the orders of certiorari. She only submitted on the issue of costs stating that each party should meet their own costs so as to promote reconciliation among the parties who are close relatives.
The court has carefully considered the submissions by counsel and noted that the interested party has agreed that the orders of certiorari be issued. This is an admission that the applicant’s application has merit and ordinarily the successful party in a civil case in entitled to costs. However, in this particular instance, the court has noted the nature of the claim the interested party had taken to the tribunal which appears to be based on beneficial interest. It is likely that the interested party may still pursue her claim in a new matter even after the orders in this case are issued. With this in mind and considering the relationship the two parties have, l find this is an appropriate case where each party takes care of their own costs.
It is therefore ordered as follows:
That an order of certiorari do and is hereby issued calling into this court and quashing the decision of Chakol Land Dispute Tribunal on Land parcel South Teso/Angoromo/6168 dated 7th July, 2010 and adopted by the Senior Principal Magistrate’s court in Land case No.76 of 2010 on 23rd September, 2010.
Each party bears their own cost.
It is so ordered.
S. M. KIBUNJA.
JUDGE.
3OTH MAY, 2013.