Muriuki Kimondo V Francis Maina & 2 Others  EKLR
|Miscellaneous Application 8 of 1977||17 Jun 1977|
Surrender Kumar Sachdeva
High Court at Nyeri
Muriuki Kimondo v Francis Maina,Senior settlement officer 1,& Distric surveyor at Nyeri
Muriuki Kimondo v Francis Maina & 2 others  eKLR
Muriuki Kimondo v Maina
High Court, Nyeri 17th June 1977
Judicial review - procedure - leave to make application - form of application - chamber summons – Civil Procedure Rules, order LIII, rule 1.
Judicial review - certiorari - tribunal to which directed - authority of tribunal to take decisions - need for evidence of such authority.
An application for leave to apply for an order of certiorari, mandamus or prohibition under the Civil Procedure Rules, order LIII, rule 1 should be made by chamber summons.
Before granting leave to issue an order of certiorari, it is the duty of the court to satisfy itself that the person whom the complaint is made has legal authority to determine questions affecting the rights of subjects and has the duty to act judicially.
No cases were referred to in the judgment
Muriuki Kimondo applied to the High Court (Miscellaneous Application 8 of 1977) for an injunction to restrain the first respondent, Francis Maina, from interfering with and trespassing on certain land and for leave to apply for leave for orders of certiorari and mandamus directed to the second and third respondents, the senior settlement officer 1 and the district surveyor at Nyeri, in respect of a decision relating to the position of a boundary. The facts are set out in the judgment.