Isaiah Kaberia M'mungania v Ministry of Lands Settlement District Commissioner Igembe South District, Attorney General & Jacob Kaibunga Kiunga [2013] KEHC 1937 (KLR)
Full Case Text
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERUJ.R NO. 73 OF 2011 (O.S)
ISAIAH KABERIA M'MUNGANIA ....................................................................APPLICANT/PLAINTIFF
VS
MINISTRY OF LANDS SETTLEMENT DISTRICT
COMMISSIONER IGEMBE SOUTH DISTRICT ............................1ST RESPONDENT/DEFENDANT
ATTORNEY GENERAL.....................................................................2ND RESPONDENT/DEFENDANT
JACOB KAIBUNGA KIUNGA...............................................................................INTERESTED PARTY
R U L I N G
The application herein is dated 19th October, 2011. it seeks orders that:
1. That an order of certiorari do issue to bring into the High Court for purpose of being Quashed the proceedings and the award of the 1st and the 2nd respondents dated 30/8/2011 in appeal No. 103 of 2011 in relation to Parcel NO. KIENGU/KANJOO/3644.
2. That an order of prohibition be issued to the exparte applicant against the 1st and 2nd respondents and the interested party to prohibit them from any further dealings with the exparte applicant's interest in Land Parcel NO. KIENGU/KANJOO/3644.
3. That the Honourable court be pleased to direct that the costs for and incidental to this application be borne by the interested party.
On 19/6/13, Mr Ondieki, the advocate for the applicant's prayed that the application be allowed because despite the fact that all the parties including the interested party had been properly served, the Interested Party was not in Court. He opined that perhaps the Interested Party was not interested in defending the application.
I have considered all the circumstances germane to the oral application made by Mr Odieki for the exparte applicant. I will, however, not allow the application for the following reasons;
1. When the oral application was made it was during a mention and not a hearing session.
2. Mr Kieti for the respondent had indicated, on the same day, that there was an attempt in the offing to have the matter settled out of court.
In the circumstances, I disallow the oral application.
Delivered in open court at Meru this 2nd day of August 2013
in the presence of: Court clerk Daniel/Mwanjaru
Nyenyire holding brief for Odieki for Exparte applicant.
Kieti present for respondent.
P. M. NJOROGE
JUDGE