Kinyua Samson Mugaa v The Land Adjudication And Settlement Officer Tigania East, Attorney General & Solomon Baariu [2016] KEHC 2542 (KLR)
Full Case Text
REPUBLIC OF KENYA
IN THE ENVIRONMENT & LAND COURT AT MERU
JUDICIAL REVIEW APPLICATION NO. 36 OF 2016
IN THE MATTER OF AN APPLICATION FOR JUDICIAL REVIEW OF CERTORARI
AND
IN THE MATTER OF L.R. NO. ANKAMIA 6536 ANKAMIA ADJUDICATION SECTION
KINYUA SAMSON MUGAA.........................................................................APPLICANT
VERSUS
THE LAND ADJUDICATION AND SETTLEMENT OFFICER
TIGANIA EAST..................................................................................1ST RESPONDENT
THE HONOURABLE ATTORNEY GENERAL...................................2ND RESPONDENT
SOLOMON BAARIU......................................................................INTERESTED PARTY
R U L I N G
1) This application brought to Court by way of Chamber Summons and dated 25/08/2016 seeks orders:-
(a) The Hononurable Court be pleased to hear this application ex-parte in the first instant.
(b) The Hononourable Court be pleased to grant leave to the applicant to apply for judicial orders of certiorari to call and quash the 1st respondent's ruling in adjudication case No. delivered on 21/04/2016.
(c) The leave so granted to operate as stay of the implementation of the ruling of the Adjudication Officer.
(d) Costs be provided for.
2) The application is supported by the Affidavit of KINYUA SAMSON MUGAA sworn on 23/08/2016. It is also buttressed by a Statement of Facts filed by the firm of Kimathi Kiara & Co. Advocates and dated 25/08/2016.
3) I have considered the pleadings filed in Court .I find that prayers B and C in the application are merited, I , therefore, grant prayers B and C.
4)Costs shall be in the Cause.
DELIVERED IN OPEN COURT AT MERU THIS 30TH DAY OF AUGUST, 2016 IN THE PRESENCE OF:-
CC: Daniel/ Lilian
Kimathi Kiara for the Applicant
P. M. NJOROGE
JUDGE