[2011] KEHC 4215 (KLR)
The court found that the applicant had established sufficient grounds to warrant the grant of leave to apply for an order of certiorari to quash the judgment and decree of the Chief Magistrate's Court. The court further held that, in the interests of justice and to preserve the subject matter, the leave granted...
Source-derived case information.
- Citation
- [2011] KEHC 4215 (KLR)
- Parties
- Applicant: William Tuiya; Respondent: The Chairman Bomet Land Disputes Tribunal; Respondent: The Chief Magistrate, Kericho; Respondent: Catherine Chamdany
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application 1 of 2011
- Procedural Posture
- Miscellaneous Application / Ruling on Ex Parte Application for Leave to Apply for Certiorari and Stay
- Outcome
- Leave to apply for certiorari granted; leave to operate as stay of proceedings; directions for filing and service of substantive motion.
- Legal Topics
- Judicial Review, Certiorari, Leave to Apply, Stay of Proceedings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
William Tuiya
Applicant
The Chairman Bomet Land Disputes Tribunal
Respondent
The Chief Magistrate, Kericho
Respondent
Catherine Chamdany
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Ex Parte Application for 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 judgment and decree of the Chief Magistrate's Court.
- 2 Whether the leave granted should operate as a stay of proceedings in the Chief Magistrate's Court.
Ratio Decidendi
The court found that the applicant had established sufficient grounds to warrant the grant of leave to apply for an order of certiorari to quash the judgment and decree of the Chief Magistrate's Court. The court further held that, in the interests of justice and to preserve the subject matter, the leave granted should operate as a stay of proceedings in the Chief Magistrate's Court case until the substantive motion is heard and determined or until further orders. The court directed the applicant to file and serve the substantive motion within 21 days, in accordance with the Civil Procedure Rules.
Court Disposition
Leave to apply for certiorari granted; leave to operate as stay of proceedings; directions for filing and service of substantive motion.
Orders
- Leave to apply for an order of certiorari is granted to the applicant.
- The leave granted shall operate as a stay of proceedings in Chief Magistrate Court case No. 6 of 2010 until the Motion is heard and determined or until further orders.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KERICHO
MISCELLANEOUS APPLICATION NO. 1 OF 2011
IN THE MATTER LAND DISPUTE TRIBUNAL ACT (NO.18 OF 1990)
WILLIAM TUIYA..........................................................................................................................APPLICANT
AND
THE CHAIRMAN BOMET LAND DISPUTES TRIBUNAL...........................................1ST RESPONDENT
THE CHIEF MAGISTRATE, KERICHO.........................................................................2ND RESPONDENT
CATHERINE CHAMDANY.............................................................................................3RD RESPONDENT
RULING
The Applicant, William Tuiya, seeks in his ex parte Chamber Summons application dated 6th January 2011, leave to apply for an order of certiorari to remove into this Court for quashing the decree and judgment made on 6/10/2010 and issued on 7/10/2010 by the Resident Magistrate at Kericho in Kericho Chief Magistrate Court Misc. App. No. 6 of 2010. He also seeks stay of the said judgment and decree.
I have perused the ex parte application and the Statement of facts and the verifying affidavit filed by the applicant pursuant Rule 1 (2) of Order 53of the Civil Procedure Rules. I have also duly considered the submissions made by Mr. J. K. Koske, the Learned Counsel for the applicant. I am satisfied that the applicant has established sufficient ground for the grant of the leave sought. Accordingly, I allow the application and grant the applicant the leave sought.
I order that the leave herein granted shall operate as a stay of proceedings in the Chief Magistrate Court in case No. 6 of 2010 until the Motion is heard and determined or until further orders.
I direct that the applicant shall within 21 days of the date hereof file pursuant to Rule 3 of Order 53 of the Civil Procedure Rules a Notice of Motion and shall serve the Motion within 21 days of filing on the Respondents and all such persons as may be affected by it.
This cause shall be mentioned on 16/3/2010.
The costs of this application shall be in the cause.
DATEDat KERICHO this 20th Day of JANUARY, 2011
G B M KARIUKI, SC
RESIDENCE JUDGE
COUNSEL APPEARING
Mr. J. K. Koske, Advocate, for the Applicant
Mr. N. Bett, Court clerk