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REPUBLIC
V.
COMMISSIONER OF LANDS, KENYA AGRICULTURAL RESEARCH INSTITUTE EX-PARTE RENEGE PROJECT LTD

(2018) JELR 93448 (CA)

Court of Appeal 26 Jan 2018 Kenya
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Case Details

Suit Number:Civil Appeal 183 of 2011
Judges:Alnashir Ramazanali Magan Visram, George Benedict Maina Kariuki, Jamila Mohammed
Location:Nairobi
Other Citations:Republic v. Commissioner of Lands, Kenya Agricultural Research Institute Ex-parte Renege Project Ltd [2018] eKLR

JUDGMENT OF THE COURT

INTRODUCTION

1. This is an appeal from the ruling of Mbogholi Msagha, J. who dismissed the Ex-parte applicant’s application seeking judicial review and made a finding that he had no jurisdiction to entertain a land ownership dispute within a judicial review application.

2. Renege Project Limited, the Ex-parte applicant in the High Court (the appellant herein) by way of notice of motion dated 20th May 2010, sought orders of certiorari, mandamus and prohibition against the decision of the Commissioner of Lands (1st respondent) and Kenya Agricultural Research Institute (2nd respondent) in respect of allotment of the land identified as LR 22426 (the suit property) measuring approximately 20.5 hectares.

3. The application was premised on the grounds that the 1st respondent had illegally and/or mistakenly allotted to the 2nd respondent the suit property despite the appellant being its registered owner. It was the appellant’s contention that the 1st respondent abused the po…

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