Samuel Maina Kibui (Ex-parte ) v Land Registrar Laikipia; Kaguma Kariuki Kaguma (Interested party) [2021] KEHC 5410 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT NANYUKI

JUDICIAL REVIEW  APPLICATION NO 1 OF 2020

BETWEEN

SAMUEL MAINA KIBUI...........................................................EX PARTE APPLICANT

AND

1. THE LAND REGISTRAR LAIKIPIA...................................................RESPONDENT

2. KAGUMA KARIUKI KAGUMA..............................................INTERESTED PARTY

R U L I N G

1. When the ex parte application herein for leave to apply for judicial review was placed before the court on 02/11/2020, I directed that the same be served upon the Respondent and the apparent Interested Party for hearing of the same inter partes.  They were indeed served but neither filed anything in response to the application, nor appeared in court at the hearing thereof.

2. I have read through the application (ex parte chamber summons dated 27/10/2020), statement of facts, supporting affidavit and verifying affidavit.  I have also considered the submissions of the learned counsel for the Applicant.

3. I will allow the application and grant the leave sought.  Let a substantive application be filed as provided for in the Rules.  Costs of this application shall be in the substantive application.  It is so ordered.

DATED AND SIGNED AT NANYUKI THIS 30TH DAY OF JUNE 2021

H P G WAWERU

JUDGE

DELIVERED AT NANYUKI THIS 1ST DAY OF JULY 2021