[2013] KEHC 364 (KLR)
The court found that the applicant had established sufficient reason to warrant the grant of leave to apply for an order of certiorari against the decision of the Gichugu Land Disputes Tribunal, which had awarded portions of land to various parties and whose decision had been adopted as a court judgment. The court...
Source-derived case information.
- Citation
- [2013] KEHC 364 (KLR)
- Parties
- Applicant: Samuel Gakono Ngari; Respondent: Jane Wangechi Kiura
- Court
- High Court
- Court Station
- High Court at Kerugoya
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 14 of 2013
- Procedural Posture
- Judicial Review / Ruling on Leave to Apply for Certiorari and Stay
- Outcome
- Leave to apply for certiorari granted; leave to operate as stay of Tribunal decision; directions for filing and service of substantive motion.
- Judges
- BN Olao
- Legal Topics
- Judicial Review of Tribunal Decisions, Certiorari, Land Disputes Tribunal Jurisdiction, Stay of Execution
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Samuel Gakono Ngari
Applicant
Jane Wangechi Kiura
Respondent
Procedural Posture
Judicial Review / Ruling on Leave to Apply for Certiorari and Stay
Legal Issues
- 1 Whether the applicant has established sufficient grounds for leave to apply for an order of certiorari against the Gichugu Land Disputes Tribunal decision.
- 2 Whether the leave granted should operate as a stay of the Tribunal's decision pending determination of the substantive motion.
Ratio Decidendi
The court found that the applicant had established sufficient reason to warrant the grant of leave to apply for an order of certiorari against the decision of the Gichugu Land Disputes Tribunal, which had awarded portions of land to various parties and whose decision had been adopted as a court judgment. The court further exercised its discretion to order that the leave granted would operate as a stay of the Tribunal's decision, thereby preserving the status quo pending the hearing and determination of the substantive Notice of Motion. The court directed the applicant to file the substantive motion within twenty-one days and to serve all affected parties within fourteen days of filing....
Court Disposition
Leave to apply for certiorari granted; leave to operate as stay of Tribunal decision; directions for filing and service of substantive motion.
Orders
- Leave is granted to the applicant to apply for an order of certiorari to quash the decision of the Gichugu Land Disputes Tribunal dated 5th November 2009 and adopted as a court judgment on 6th July 2011.
- The leave granted shall operate as a stay of the Tribunal's decision pending determination of the Notice of Motion.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLICOF KENYA
IN THE HIGH COURT OF KENYA AT KERUGOYA
ELC CASE NO. 14 OF 2013 (J.R)
SAMUEL GAKONO NGARI ......................PLAINTIFF/APPLICANT
VERSUS
JANE WANGECHI KIURA ................ DEFENDANT/RESPONDENT
RULING
By his Chamber Summons dated 30th August 2011 and filed herein on 2nd September 2011 vide Certificate of urgency, the ex-parte applicant SAMUEL GAKONO NGARI seeks leave to apply for an order of certiorari to remove into this Court and quash the decision of the Gichugu Land Disputes Tribunal dated 5th November 2009 and adopted as a Court judgment on 6th July 2011 awarding the interested party 1¾ acre out of land parcel No. NGARIAMA/THIRIKWA/758 and also Daniel Ngari Muriuki and Jackson Njeru Muriuki 1¼ acre and ½ acre respectively out of the said land. Further, it was ordered by the said Tribunal that Jackson Njeru Muriuki be awarded 1 acre out of parcel No. BARAGWI/KARIRU/1600.
The application is supported by the Ex-parte applicant’s affidavit also dated 30th August 2011 together with statement of particulars and other annextures.
I have considered the application and the submissions of Ms Fatuma Wanjuku the Ex-parte applicant’s counsel.
I am satisfied from the material placed before me that the ex-parte applicant has established sufficient reason to warrant the grant of the orders sought in the said Chamber Summons. I grant the leave sought and further direct that the same shall operate as a stay of the decision of the said Tribunal pending the determination of the Notice of Motion which I direct shall be filed within twenty one (21) days of this ruling being delivered. I further direct that the said Notice of Motion shall be served on all persons affected by it including those named in this Chambers Summons within fourteen (14) days of the filing of the Notice of Motion.
This application shall thereafter be mentioned on 20th January 2014. Costs in the cause.
B.N. OLAO
JUDGE
9TH DECEMBER, 2014
9/12/2013
Coram
B.N. Olao – Judge
CC – Muriithi
Mr. Mungai for F.F. Wanjiku for Applicant – present
Respondent - absent
COURT: Ruling delivered in open Court this 9th day of December, 2013.
B.N. OLAO
JUDGE
9TH DECEMBER, 2013