[2013] KEHC 4703 (KLR)
The court found that the application for judicial review was unopposed by both the respondent and the interested party, despite evidence of service. The applicant had satisfied the requirements for the grant of certiorari, and there was no material before the court to justify refusal of the orders sought....
Source-derived case information.
- Citation
- [2013] KEHC 4703 (KLR)
- Parties
- Applicant: Simon Mutua Munoru; Respondent: Land Adjudication Officer Tigania; Interested Party: Sabera Kanja
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Judicial Review 5 of 2013
- Procedural Posture
- Judicial Review / Ruling on Application for Leave and Substantive Orders
- Outcome
- Application allowed. Prayers 2 and 3 granted. Costs in the cause.
- Judges
- FM Njoroge
- Legal Topics
- Judicial Review, Land Adjudication, Certiorari, Administrative Decisions
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Simon Mutua Munoru
Applicant
Land Adjudication Officer Tigania
Respondent
Sabera Kanja
Interested Party
Procedural Posture
Judicial Review / Ruling on Application for Leave and Substantive Orders
Legal Issues
- 1 Whether the decision of the Land Adjudication Officer Tigania dated 13.12.2012 should be quashed by an order of certiorari.
- 2 Whether the applicant is entitled to the reliefs sought in the application.
Ratio Decidendi
The court found that the application for judicial review was unopposed by both the respondent and the interested party, despite evidence of service. The applicant had satisfied the requirements for the grant of certiorari, and there was no material before the court to justify refusal of the orders sought. Accordingly, the court allowed the application and granted prayers 2 and 3 as sought, with costs to be in the cause.
Court Disposition
Application allowed. Prayers 2 and 3 granted. Costs in the cause.
Orders
- Prayers 2 and 3 of the application dated 22nd February, 2013 are granted.
- Costs shall be in the cause.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
High Court at Meru
Judicial Review 5 of 2013 [if gte mso 9]><xml>
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IN THE MATTER OF AN APPLICATION BY SIMON MUTUA MUNORU FOR LEAVE TO APPLY FOR AN ORDER OF CETIORARI
AND
IN THE MATTER OF LAND CONSOLIDATION ACT CAP 283
AND
IN THE MATTER OF THE FINDING AND DECISION OF THE LAND
ADJUDICATION OFFICER, TIGANIA DATED 13. 12. 2012
SIMON MUTUA MUNORU...........................................................................APPLICANT
VERSUS
LAND ADJUDICATION OFFICER TIGANIA...........................................RESPONDENT
SABERA KANJA...........................................................................INTERESTED PARTY
RULING
The application dated 22nd February, 2013 is unopposed despite the Respondent and the Interested Party having been served.
The application is allowed except that the costs will be in the cause. More
specifically, prayers 2 and 3 are granted.
WRITTEN AND DELIVERED IN OPEN COURT AT MERU, THIS 14TH DAY OF MARCH, 2013.
P. M. NJOROGE
JUDGE
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