[2009] KEHC 968 (KLR)

[2009] KEHC 968 (KLR)

The court found that the application was incompetent because it sought to quash the decision of the Mau Narok Land Disputes Tribunal made on 8th November, 2006, which was more than six months prior to the filing of the application. The application did not seek to quash the Chief Magistrate's order adopting the...

Source-derived case information.

Citation
[2009] KEHC 968 (KLR)
Parties
Applicant: William Langat; Respondent: Maunarok Division Land Dispute Tribunal; Interested Party: Joseph Korir Sindai
Court
High Court
Court Station
High Court at Nakuru
Jurisdiction
Kenya
Case Number
Judicial Review 60 of 2009
Procedural Posture
Judicial Review / Ruling on Application for Certiorari
Outcome
application struck out as incompetent
Legal Topics
Judicial Review Timelines, Certiorari, Tribunal Decisions, Land Disputes
Source Language
en
Civil Procedure Land and Property Judicial Review Timelines Certiorari Tribunal Decisions Land Disputes

Source-derived case record

Summary, issues, holding and outcome

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Parties

William Langat

Applicant

Maunarok Division Land Dispute Tribunal

Respondent

Joseph Korir Sindai

Interested Party

Procedural Posture

Judicial Review / Ruling on Application for Certiorari

Legal Issues

  1. 1 Whether the application for certiorari was filed within the statutory six-month period as required by Order 53 Rule 2 of the Civil Procedure Rules.
  2. 2 Whether the application is competent where it seeks to quash the tribunal decision and not the Chief Magistrate's adoption order.

Ratio Decidendi

The court found that the application was incompetent because it sought to quash the decision of the Mau Narok Land Disputes Tribunal made on 8th November, 2006, which was more than six months prior to the filing of the application. The application did not seek to quash the Chief Magistrate's order adopting the tribunal's decision, but rather the tribunal's decision itself. Order 53 Rule 2 of the Civil Procedure Rules imposes a strict six-month limitation period for bringing applications for certiorari. Since the application was filed outside this period and did not challenge the adoption order, it was fatally defective and could not be entertained by the court. Accordingly, the...

Court Disposition

application struck out as incompetent

Orders

  • The application is hereby struck out.