[2005] KEHC 1441 (KLR)
The court found that the respondents, despite being duly served, failed to appear or oppose the application. The applicant provided sufficient documentary evidence, including the Title Deed and Tribunal proceedings, to support the claim that the Tribunal's award was unlawful. In the absence of any opposition and...
Source-derived case information.
- Citation
- [2005] KEHC 1441 (KLR)
- Parties
- Applicant: James Muchugu Miti; Respondent: Nyandarua District Land Disputes Tribunal; Interested Party: Macharia Njoroge
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- ? 284 of 2005
- Procedural Posture
- Miscellaneous Application / Ruling on Notice of Motion for Order of Certiorari
- Outcome
- Application granted. Order of certiorari issued. Costs to the applicant.
- Legal Topics
- Judicial Review, Certiorari, Tribunal Awards, Land Disputes, Procedural Fairness
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
James Muchugu Miti
Applicant
Nyandarua District Land Disputes Tribunal
Respondent
Macharia Njoroge
Interested Party
Procedural Posture
Miscellaneous Application / Ruling on Notice of Motion for Order of Certiorari
Legal Issues
- 1 Whether the proceedings and award of the Nyandarua District Land Disputes Tribunal in Case No. 18 of 2004 should be quashed by an order of certiorari.
- 2 Whether the Tribunal acted within its jurisdiction and in accordance with the law.
Ratio Decidendi
The court found that the respondents, despite being duly served, failed to appear or oppose the application. The applicant provided sufficient documentary evidence, including the Title Deed and Tribunal proceedings, to support the claim that the Tribunal's award was unlawful. In the absence of any opposition and upon consideration of the materials presented, the court was satisfied that the applicant had established grounds for the grant of an order of certiorari. The proceedings and award of the Nyandarua District Land Disputes Tribunal in Case No. 18 of 2004 were therefore quashed.
Court Disposition
Application granted. Order of certiorari issued. Costs to the applicant.
Orders
- An order of certiorari is issued to remove into the High Court and quash the proceedings and award of the Nyandarua District Land Disputes Tribunal in Case No. 18 of 2004.
- Costs awarded to the applicant.
Full Case Text
Judgment text and source record
8 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAKURU Misc Civ Appli 284 of 2005 IN THE MATTER OF AN APPLICATION BY JAMES MUCHUGU MITI FOR AN ORDER OF CERTIORARIREPUBLIC………………………………………………………………...APPLICANT VERSUS NYANDARUA DISTRICT LAND DISPUTES TRIBUNAL………..RESPONDENT AND MACHARIA NJOROGE…………………………………….INTERESTED PARTY EX-PARTE: JAMES MUCHUGU MITI…………….………………..APPLICANT
RULING The application has been brought through Notice of Motion under Order LIII Rule 3 of the Civil Procedure Rules and Section 8 and 9 of the Law Reform Act, Cap. 26, Laws of Kenya.
The Same seeks an Order of Certiorari to issue to remove to this Honourable Court the proceedings and Award of the Nyandarua District Land Disputes Tribunal inCase No. 18 of 2004 and arrived at on the 18th February, 2005 for purposes of quashing the same.
It is apparent that though the respondents were duly served, they never appeared in Court. Secondly, the Applicant has filed several annextures that include – the Title Deed, the proceedings in the Tribunal and leave that was granted by Hon. Justice Musinga. Unfortunately, the Respondents have not opposed nor challenged the above.
In view of the above, I hereby grant the Application in terms of Prayer No. 1. Costs to the Applicant in any event.
MUGA APONDI JUDGE
Ruling read, signed and delivered in open Court in the presence of Mr. Ndegwa Wahome for Applicant.
MUGA APONDI JUDGE 12TH JULY, 2005