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Dickson Ngigi Ngugi v. Commissioner of Lands

(2019) JELR 102710 (CA)

Court of Appeal  •  Civil Appeal 1 of 2013  •  8 Feb 2019  •  Kenya

Coram
Erastus Mwaniki Githinji, Sankale ole Kantai, Fatuma sichale

Judgement

JUDGMENT OF THE COURT

[1] This is an appeal from the judgment and decree of the High Court (Dulu, J.) dismissing the appellant’s application for judicial review orders of mandamus and prohibition.

[2] By a notice of motion application dated 12th February, 1993 the appellant sought an order of mandamus directed at the Commissioner of Lands, the respondent herein, to issue a lease to the appellant in respect of land title, LR No. 519/223 (suit land) and an order of prohibition to prohibit the Commissioner of Lands, his servants or agents from further proceeding with sub-division and alienation of the suit land or any part thereof.

The application was supported by the appellant’s affidavit to which he annexed various documents. He stated in the supporting affidavit, inter alia; that, by a letter dated 14th August 1968, he applied to the District Commissioner, Nakuru for allocation of a licence to a piece of land in Njoro, Nakuru District; in about June, 1969 a piece of an unallocated govern…

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