[2021] KEHC 5410 (KLR)
The court found that the applicant had complied with the procedural requirements for seeking leave to apply for judicial review, including proper service on the respondent and interested party. In the absence of any opposition or appearance by the respondent or interested party, and upon consideration of the...
Source-derived case information.
- Citation
- [2021] KEHC 5410 (KLR)
- Parties
- Applicant: Samuel Maina Kibui; Respondent: The Land Registrar Laikipia; Interested Party: Kaguma Kariuki Kaguma
- Court
- High Court
- Court Station
- High Court at Nanyuki
- Jurisdiction
- Kenya
- Case Number
- Judicial Review Application 1 of 2020
- Procedural Posture
- Judicial Review Application / Ruling on Leave to Apply for Judicial Review
- Outcome
- Leave to apply for judicial review granted. Costs in the substantive application.
- Judges
- DW Mbuteti
- Legal Topics
- Judicial Review, Leave to Apply, Land Registration, Procedural Fairness
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Samuel Maina Kibui
Applicant
The Land Registrar Laikipia
Respondent
Kaguma Kariuki Kaguma
Interested Party
Procedural Posture
Judicial Review Application / Ruling on Leave to Apply for Judicial Review
Legal Issues
- 1 Whether the applicant is entitled to leave to apply for judicial review against the respondent.
- 2 Whether the application for leave was properly served and procedurally compliant.
Ratio Decidendi
The court found that the applicant had complied with the procedural requirements for seeking leave to apply for judicial review, including proper service on the respondent and interested party. In the absence of any opposition or appearance by the respondent or interested party, and upon consideration of the application, affidavits, and submissions, the court was satisfied that the threshold for granting leave had been met. Accordingly, leave was granted to the applicant to file a substantive judicial review application.
Court Disposition
Leave to apply for judicial review granted. Costs in the substantive application.
Orders
- Leave to apply for judicial review is granted to the applicant.
- The applicant shall file a substantive application as provided in the Rules.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NANYUKI
JUDICIAL REVIEW APPLICATION NO 1 OF 2020
BETWEEN
SAMUEL MAINA KIBUI...........................................................EX PARTE APPLICANT
AND
1. THE LAND REGISTRAR LAIKIPIA...................................................RESPONDENT
2. KAGUMA KARIUKI KAGUMA..............................................INTERESTED PARTY
R U L I N G
1. When the ex parte application herein for leave to apply for judicial review was placed before the court on 02/11/2020, I directed that the same be served upon the Respondent and the apparent Interested Party for hearing of the same inter partes. They were indeed served but neither filed anything in response to the application, nor appeared in court at the hearing thereof.
2. I have read through the application (ex parte chamber summons dated 27/10/2020), statement of facts, supporting affidavit and verifying affidavit. I have also considered the submissions of the learned counsel for the Applicant.
3. I will allow the application and grant the leave sought. Let a substantive application be filed as provided for in the Rules. Costs of this application shall be in the substantive application. It is so ordered.
DATED AND SIGNED AT NANYUKI THIS 30TH DAY OF JUNE 2021
H P G WAWERU
JUDGE
DELIVERED AT NANYUKI THIS 1ST DAY OF JULY 2021