[2019] KEELC 1278 (KLR)
The court found that the ex-parte application for leave to apply for orders of prohibition and certiorari was merited. The applicant had presented sufficient grounds supported by a statement of facts and a verifying affidavit. The court noted that such applications are ordinarily ex-parte and that the applicant had...
Source-derived case information.
- Citation
- [2019] KEELC 1278 (KLR)
- Parties
- Applicant: Daniel Kariuki Kamau; Respondent: Sarah Njambi Mwaniki; Respondent: John Gatune Kimani; Respondent: Simon Kori Murage; Respondent: Muriithi Mbunya; Respondent: Rahab Wanjiru Wachira; Respondent: Senior Scheme Manager, Mwea Irrigation Settlement
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Kerugoya
- Jurisdiction
- Kenya
- Case Number
- Judicial Review Miscellaneous Application 2 of 2019
- Procedural Posture
- Miscellaneous Application / Ruling on Ex Parte Application for Leave to Apply for Orders of Prohibition and Certiorari
- Outcome
- leave granted to file substantive motion
- Legal Topics
- Judicial Review, Leave to Apply, Prohibition Order, Certiorari Order, Land Dispute, Estate Administration
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Daniel Kariuki Kamau
Applicant
Sarah Njambi Mwaniki
Respondent
John Gatune Kimani
Respondent
Simon Kori Murage
Respondent
Muriithi Mbunya
Respondent
Rahab Wanjiru Wachira
Respondent
Senior Scheme Manager, Mwea Irrigation Settlement
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Ex Parte Application for Leave to Apply for Orders of Prohibition and Certiorari
Legal Issues
- 1 Whether the ex-parte applicant has established sufficient grounds for leave to apply for orders of prohibition and certiorari.
- 2 Whether the application meets the requirements under Order 53 Rule 2 of the Civil Procedure Rules.
Ratio Decidendi
The court found that the ex-parte application for leave to apply for orders of prohibition and certiorari was merited. The applicant had presented sufficient grounds supported by a statement of facts and a verifying affidavit. The court noted that such applications are ordinarily ex-parte and that the applicant had met the threshold for grant of leave under Order 53 Rule 2 of the Civil Procedure Rules. Consequently, the court allowed the application and granted the applicant leave to file a substantive motion within 21 days.
Court Disposition
leave granted to file substantive motion
Orders
- The ex-parte applicant is granted leave to file a substantive motion within 21 days from the date of the ruling.
Full Case Text
Judgment text and source record
34 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT KERUGOYA
MISC. JUDICIAL REVIEW APPLICATION NO. 2 OF 2019
IN THE MATTER OF AN APPLICATION FOR LEAVE TO APPLY FOR ORDERS OF PROHIBITOIN AND CERTIORARI
IN THE MATTER OF RICE HOLDING NO. 155 TEBERE SECTION UNIT 7
AND
IN THE MATTER OF CIVIL PROCEDURE ACT
AND
IN THE MATTER OF THE ESTATE OF JOSEPH KAMAU KARIUKI (DECEASED)
IN THE MATTER OF REPUBLIC OF KENYA
VERSUS
SARAH NJAMBI MWANIKI..............................................1ST RESPONDENT
JOHN GATUNE KIMANI...................................................2ND RESPONDENT
SIMON KORI MURAGE....................................................3RD RESPONDENT
MURIITHI MBUNYA..........................................................4TH RESPONDENT
RAHAB WANJIRU WACHIRA..........................................5TH RESPONDENT
SENIOR SCHEME MANAGER, MWEA IRRIGATION
SETTLEMENT.....................................................................6TH RESPONDENT
AND
DANIEL KARIUKI KAMAU....................................EX-PARTE APPLICANT
RULING
BACKGROUND
This is an Ex-parte application brought by the Ex-parte Applicant under the Civil Procedure Rules 2010. Thought the relevant order has not been cited, the same presumably is brought under Order 53 Rule 2 C.P.R. The application is supported by grounds apparent on the face of the application. The application is further supported by a statement of facts, an affidavit, verifying the correctness of the facts relied upon.
The 4th Respondent filed a replying affidavit opposing the same.
I have considered the Ex-parte Notice of Motion and the supporting documents. I have also considered the replying affidavit sworn by the 4th Respondent. Ordinarily, an application for leave under Order 53 Rule 2is Ex-parte in nature. I find the application merited and the same is allowed.
Consequently, the Ex-parte Applicant is granted leave to file a substantive motion within 21 days from today.
READ, DELIVERED and SIGNED in open Court at Kerugoya this 4th day of October, 2019.
E.C. CHERONO
ELC JUDGE
4TH OCTOBER, 2019
In the presence of:
1. Applicant – absent
2. Respondents – absent
3. Wachira – Court clerk – present