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WATUKU MUTSIEMI WATUKU & ANOTHER
V.
REPUBLIC & 5 OTHERS

(2018) JELR 93100 (CA)

Court of Appeal 26 Jul 2018 Kenya
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Case Details

Suit Number:Civil Appeal 60 of 2017
Judges:Martha Karambu Koome, Wanjiru Karanja, Daniel Kiio Musinga
Location:Mombasa
Other Citations:Watuku Mutsiemi Watuku & another v. Republic & 5 others [2018] eKLR

JUDGMENT OF THE COURT

1. By a notice of motion dated 9th August 2016 brought under Order 53 rules 1 (1), (2), (3) 3 and 4 of the Civil Procedure Rules, Section 3 of the Law Reform Act and Sections 7 and 8 of the Judicature Act, the ex-parte applicants (the appellants herein) sought the following orders:

“a. That judicial review orders of certiorari do issue to remove and/or bring into this honourable court and quash the decision of the 1st respondent made on 22nd March 2016 allowing the interested party’s appeal in the appeal case no. 2 of 2015 involving plot Nos. 680 and 681 Kadzonzo/Madzimbani Adjudication Section.

b. That judicial review orders of mandamus do issue, compelling the 2nd, 3rd and 4th respondents to register the ex-parte applicants as owners of plot No. 680 and 681 Kadzonzo/Madzimbani Adjudication Section respectively and consequently issue them with title deeds for the said parcels of land.

c. That judicial review orders of prohibition do issue, prohibiting the 2nd, 3rd a…

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