[2002] KEHC 231 (KLR)
The court found that the application for leave for judicial review was incurably defective because it failed to name the applicant or the respondent, and the orders obtained were unrelated to the Notice of Motion before the court. The application did not comply with the procedural requirements for judicial review...
Source-derived case information.
- Citation
- [2002] KEHC 231 (KLR)
- Parties
- Applicant: Republic; Respondent: Principal Lands Adjudication Office; Respondent: Chief Lands Registrar; Respondent: District Lands Registrar Narok
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 1339 of 2001
- Procedural Posture
- Miscellaneous Application / Ruling on Preliminary Objection
- Outcome
- application struck out with costs
- Legal Topics
- Judicial Review Procedure, Pleadings Defects, Striking Out Applications
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Principal Lands Adjudication Office
Respondent
Chief Lands Registrar
Respondent
District Lands Registrar Narok
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Preliminary Objection
Legal Issues
- 1 Whether the application for leave was properly drafted and named the correct parties.
- 2 Whether the orders obtained were related to the Notice of Motion before the court.
- 3 Whether the application was fatally defective and liable to be struck out.
Ratio Decidendi
The court found that the application for leave for judicial review was incurably defective because it failed to name the applicant or the respondent, and the orders obtained were unrelated to the Notice of Motion before the court. The application did not comply with the procedural requirements for judicial review applications, particularly regarding the proper naming of parties and the relationship between the application and the orders sought. As a result, the preliminary objection was upheld and the application was struck out with costs to the respondents and interested parties.
Court Disposition
application struck out with costs
Orders
- The application is struck out with costs to the respondents and interested parties.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAROBI
MISC. CIVIL CASE NO.1339 OF 2001
REPUBLIC ………………………………………………………APPLICANT
THE PRINCPAL LANDS ADJUDICATION OFFICE … RESPONDENT
AND THE CHIEF LANDS REGISTRAR ………………..…….. RESPONDENT
THE DISTRICT LANDS REGISTRAR NAROK ………. RESPONDENT
R U L I N G
It is clear from the material filed before me that there was no applicant or subject named. Indeed there was also no Respondent named.
The application for leave was not properly drafted and the orders obtained based on the application have no relationship with the Notice of Motion before me.
Applications for Judicial Review are brought to me undone of the Republic. The Respondent close decision is being challenged is indeed of the Respondent.
The applicants controlling the name of the Republic are the subjects and the application is marked ex-parte, the subject or subjects.
The application before me is curably defective. The preliminary objection is upheld. The application is struck out with costs to the Respondents and the interested parties.
Dated at Nairobi at this 3rd July, 2002
D. R. RIMITA
JUDGE