[2020] KEELC 3268 (KLR)
The court found that since the applicant claims to have complied with the previous court order and that the court was not apprised of this compliance, it is in the interest of justice to allow the application to be heard by the judge who issued the dismissal order. The matter is therefore referred to the Honourable...
Source-derived case information.
- Citation
- [2020] KEELC 3268 (KLR)
- Parties
- Applicant: Republic; Respondent: District Commissioner (as Chairman Meru Central Land Dispute Tribunal); Respondent: Land Disputes Tribunal Abothuguchi Division; Interested Party: Margaret Marete; Applicant: Mwitaaiti Mugwika
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- Environment and Land Judicial Review Case 163 of 2006
- Procedural Posture
- Judicial Review / Ruling on Application to Set Aside Dismissal Order
- Outcome
- Application referred for hearing before the original judge; directions given for service.
- Legal Topics
- Judicial Review, Setting Aside Orders, Land Disputes Tribunal, Execution of Judgment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
District Commissioner (as Chairman Meru Central Land Dispute Tribunal)
Respondent
Land Disputes Tribunal Abothuguchi Division
Respondent
Margaret Marete
Interested Party
Mwitaaiti Mugwika
Applicant
Procedural Posture
Judicial Review / Ruling on Application to Set Aside Dismissal Order
Legal Issues
- 1 Whether the dismissal order of 20.1.2020 should be set aside.
- 2 Whether the applicant complied with the court order of 22.2.2019.
- 3 Whether the applicant will suffer irreparable damage if the dismissal order is not set aside.
Ratio Decidendi
The court found that since the applicant claims to have complied with the previous court order and that the court was not apprised of this compliance, it is in the interest of justice to allow the application to be heard by the judge who issued the dismissal order. The matter is therefore referred to the Honourable Lucy Mbugua, ELC Judge at Meru, for hearing on the merits, and the application is to be served on the other parties within seven days.
Court Disposition
Application referred for hearing before the original judge; directions given for service.
Orders
- The application dated 28th February, 2020 to be heard by Honourable Lucy Mbugua, ELC Judge at Meru on 24th March, 2020.
- The application to be served upon the other parties within 7 days of the ruling.
Full Case Text
Judgment text and source record
35 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT
AT CHUKA
MERU ELC JUDICIAL REVIEW CASE NO. 163 OF 2006
IN THE MATTER OF AN APPLICATION FOR JUDICIAL REVIEWORDERS
OFCERTIORARI/PROHIBITION AGAINST THE MERU CENTRAL
DISTRICT LANDDISPUTES TRIBUNAL ABOTHUGUCHI AND
IN THE MATTER OF SECTION 8 & 9 OF THE LAW REFORM ACT CAP 26 LAWS OF KENYA AND
IN THE MATTER OF THE REGISTERED LAND ACT CAP 300 LAWS OF KENYA AND
IN THE MATTER OF MERU CENTRAL LAND DISPUTE TRIBUNAL CASE NO. 98 OF 2005 AND
IN THE MATTER OF LAND PARCEL NO. ABOTHUGUCHI/MAKANDUNE/107 AND
IN THE MATTER OF MERU CMC L.D.T. NO. 19 OF 2006 AND
IN THE MATTER OF THE LAND DISPUTES TRIBUNAL ACT NO. 18/90
REPUBLIC..............................................................................................APPLICANT
VERSUS
THE DISTRICT COMMISSIONER(AS CHAIRMAN MERU CENTRAL
LAND DISPUTE TRIBUNAL).......................................................1ST RESPONDENT
LAND DISPUTES TRIBUNAL ABOTHUGUCHI DIVISION..2ND RESPONDENT
MARGARET MARETE............................................................INTERESTED PARTY
EX-PARTE................................................................................MWITAITI MUGWIKA
RULING
1. This application is dated 28th February, 2020 and seeks orders:
1. That the dismissal order of 20. 1.20202 be set aside.
2. That the court do make any other order as would meet the interest of justice in this case.
2. The application is supported by the affidavit of Advocate B.G. Kariuki and has the following grounds:
i. That the applicant had complied with the court order of 22. 2.2019.
ii. That the court was not apprised of the act of compliance.
iii. That the applicant will suffer irreparable damages if the order is not set aside.
3. During ex-parte hearing on 10th March, 2020 at Chuka advocate Mbumbuya holding brief for advocate B.G. Kariuki for the applicant told the court that she sought the setting aside of a dismissal order concerning an application filed on 5th March, 2019. She told the court on 14th June, 2018 a judgment was delivered in Meru JR 163 OF 2006. However, the judgment could not been executed as the suit land had been subdivided into 4 portions. She told the court that setting aside of the dismissal order would allow the parties to canvass the application on its merits.
4. As the Judge who dismissed the application is still in station, I direct that the application dated 28th February, 2020 be heard by the Honourable Lucy Mbugua, ELC Judge at Meru on 24th March, 2020. I also direct that the application be served upon the other parties within 7 days of today.
Delivered in open Court at Chuka this 11th day of March, 2020in the presence of:
CA: Ndegwa
M/S Mbumbuya for the applicants
P. M. NJOROGE,
JUDGE.