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|Case Number:||Miscellaneous Application 52 of 2011|
|Parties:||FREDRICK SIMON MBURUNGA & HUMPREY MURURU MBURUNGA v DIRECTOR OF LAND ADJUDICATION AND SETTLEMENT & DISTRICT LAND ADJUDICATION AND SETTLEMENT OFFICER - TIGANIA DISTRICT,INTERESTED PARTY JAPHET MIRITI THILANGE|
|Date Delivered:||20 Dec 2011|
|Court:||High Court at Meru|
|Judge(s):||Jessie Wanjiku Lessit|
|Citation:||FREDRICK SIMON MBURUNGA & Another v DIRECTOR OF LAND ADJUDICATION AND SETTLEMENT & Another, INTERESTED PARTY JAPHET MIRITI THILANGE eKLR|
|Disclaimer:||The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information|
IN THE HIGH COURT OF KENYA
The application is a Notice of Motion dated 10th October 2011. It has been brought under S.S. 1A, 1B, 3, 3A, 63 (E) and 6 of the C.P.A and Order 51 rule 1 of the Civil Procedure Rules 2010.
The application is supported by an affidavit sworn by the 1st Ex parte Applicant. The gist of the affidavit is that the deponent filed the instant suit on 7th July 2011 after he was dissatisfied with the manner in which the respondent handled his objection before them. That he served the respondent with the papers filed herein, and that the respondent rushed to Tigania SRM’s court and obtained orders which are conflicting with those granted by this court on 8th August 2011.
The Ex parte Applicant in this case has in his supporting affidavit referred to the interested party herein as the respondent, which is not correct because the respondent has not filed any suit and neither is he a party in the suit filed before the lower court. Quite apart from that, the Ex parte Applicant has come to this court seeking judicial review orders. This is therefore a judicial review matter. Judicial review is governed by order 53 of the Civil Procedure Rules. The other Civil Procedure Rules do not apply to judicial review. The prayer sought in this application to stay proceedings of the civil suit before the lower court is incompetent and cannot be entertained.
In the circumstances, this court cannot stay the proceedings before the lower court within this suit. If the Ex parte Applicant is desirers to affect the suit before the lower court, he should make his application within the suit in the lower court. Alternatively, he should file a civil matter before this court seeking the orders that he now seeks in this application.