Case Metadata |
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Case Number: | Miscellaneous Application 1 of 2011 |
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Parties: | REPUBLIC v SENIOR RESIDENT MAGISTRTE BONDO & another EX-PARTE GILBERTOTOLO OCHIENG & another |
Date Delivered: | 11 Nov 2011 |
Case Class: | Civil |
Court: | High Court at Kisumu |
Case Action: | Ruling |
Judge(s): | Hilary Kiplagat Chemitei |
Citation: | REPUBLIC v SENIOR RESIDENT MAGISTRTE BONDO & another EX-PARTE GILBERT OTOLO OCHIENG & another [2011] eKLR |
Case Summary: | .. |
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 |
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KISUMU
Miscellaneous Application 1 of 2011
IN THE MATTER OF AN APPLICTAION BY GILBERT OTOLO OCHICNEG AND JOHN HUMPHREYS OUMA FOR JUDICIAL REVIEW IN THE NATURE OF ORDERS OF CERTIORARI AND PHOHIBITION
AND
IN THE MATETR OF LAND PARCEL NO. SIAYA / GOT AGULU / 378
REPUBLIC ………………………………………………………..APPLICANT
THE SENIOR RESIDENT MAGISTRTE BONDO……...…1ST RESPONDENT
LAND DISPUTE TRIBUNAL…………………..…………2ND RESPONDENT
MARGARET APIYO OMBERA…………..…………….INTERESTED PARTY
GILBERT OTOLO OCHIENG………………..……….EX-PARTE APPLICANT
JOHN HUMPHREYS OUMA………………………….EXPARTE APPLICANT
The application dated 29th June 2011 seeks the following orders:-
(a) An order of certiorari removing into this Honourable court the orders issued by the 2nd respondent NO. BON/114/2010 Bondo Land Dispute Tribunal and adopted by the 1st respondent in Bondo SRMCC Mis Application number 24 of 2010 in respect of land parcel number SIAYA / GOT AGULU/378 for the purpose of the same being quashed.
(b) An order of prohibition directed at the 1st and 2nd respondent restraining them by themselves, agents, servants or otherwise howsoever from entering fresh or further proceedings in respect of land parcel number SIAYA / GOT AGULU / 378.
(c) Costs
The said application was not opposed. I have also perused the affidavit of service by one Kennedy O. Owiti dated 18th July 2011 and I am satisfied with the service.
The applicant now owns the land with one John Humphrey Ouma. He was never made a party. Further the tribunal lacked jurisdiction to entertain this claim as it involved land with a title. The tribunal mandate is well clear and doesn’t included land with title as in the present case.
Dated, signed and delivered at Kisumu this 11th day of November 2011.