Republic v Nyandarua District Land Disputes Tribunal (Respondent); Macharia Njoroge (Interested Party) Ex parte James Muchugu Miti [2005] KEHC 1812 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAKURU Misc Civil Appli 284 of 2005

IN THE MATTER OF AN APPLICATION BY JAMES MUCHUGU MITI FOR

AN ORDER OF CERTIORARI

REPUBLIC……………………………………………………………...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 9of 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 in Case 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