Republic v Nyandarua District Land Disputes Tribunal & Macharia Njoroge Ex-Parte James Muchugu Miti [2005] KEHC 1441 (KLR)

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAKURU Misc Civ Appli 284 of 2005 IN THE MATTER OF AN APPLICATION BY JAMES MUCHUGU MITI FOR AN ORDER OF CERTIORARIREPUBLIC………………………………………………………………...APPLICANT VERSUS NYANDARUA DISTRICT LAND DISPUTES TRIBUNAL………..RESPONDENT AND MACHARIA NJOROGE…………………………………….INTERESTED PARTY EX-PARTE: JAMES MUCHUGU MITI…………….………………..APPLICANT

RULING The application has been brought through Notice of Motion under Order LIII Rule 3 of the Civil Procedure Rules and Section 8 and 9 of the Law Reform Act, Cap. 26, Laws of Kenya.

The Same seeks an Order of Certiorari to issue to remove to this Honourable Court the proceedings and Award of the Nyandarua District Land Disputes Tribunal inCase No. 18 of 2004 and arrived at on the 18th February, 2005 for purposes of quashing the same.

It is apparent that though the respondents were duly served, they never appeared in Court. Secondly, the Applicant has filed several annextures that include – the Title Deed, the proceedings in the Tribunal and leave that was granted by Hon. Justice Musinga. Unfortunately, the Respondents have not opposed nor challenged the above.

In view of the above, I hereby grant the Application in terms of Prayer No. 1. Costs to the Applicant in any event.

MUGA APONDI JUDGE

Ruling read, signed and delivered in open Court in the presence of Mr. Ndegwa Wahome for Applicant.

MUGA APONDI JUDGE 12TH JULY, 2005