[2005] KEHC 1812 (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 challenge or...
Source-derived case information.
- Citation
- [2005] KEHC 1812 (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 Certiorari
- Outcome
- application granted
- 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 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 challenge or opposition from the respondents, the court was satisfied that the applicant had met the threshold for the grant of an order of certiorari. Consequently, the court granted the application as prayed, quashing the proceedings and award of the Nyandarua District Land Disputes Tribunal in Case No. 18 of 2004.
Court Disposition
application granted
Orders
- An order of certiorari is issued to 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
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAKURU Misc Civil Appli 284 of 2005
IN THE MATTER OF AN APPLICATION BY JAMES MUCHUGU MITI FOR
AN ORDER OF CERTIORARI
REPUBLIC……………………………………………………………...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 9of 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 in Case 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