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Kingdom Kenya 01 Limited v. District Land Registrar, Narok, John Harrison Kinyanjui, Thomas Mutiso Mutunga, Stanley Olonana Ntutu, Lemita Ntutu, Parsintei Ntutu, Stanley Ntutu, Ngerewa Ntutu, Tetee Ntutu, Sikona Ntutu, Turanta Ntutu, Koinato Ntutu, Looyieyo Ntutu, Naini Ntutu, Nadupoi Ntutu & Silantoi Ntutu

(2018) JELR 99814 (CA)

Court of Appeal  •  Civil Appeal 169 of 2014  •  23 Nov 2018  •  Kenya

Coram
Alnashir Ramazanali Magan Visram, Roselyn Naliaka Nambuye, Daniel Kiio Musinga

Judgement

JUDGMENT OF THE COURT

This appeal arises from the Judgment of L. Waithaka, J. dated 26th July, 2013, allowing the cross-appellants’ application for Judicial Review for prerogative orders of Certiorari, Mandamus and Prohibition against the appellant, the 1st and 3rd respondents.

The background to the appeal is that, the 3rd respondent in his capacity as a co-administrator to the estate of the deceased, Lerionka Ole Ntutu, (the deceased) and to the exclusion of his co-administrator, the 2nd respondent, executed the impugned lease and caused it to be registered by the 1st respondent in favour of the appellant, Kingdom Kenya 01 Limited and over land parcel Number LR Narok Cismara/Olchoro Orowua/24 measuring approximately 40.5 hectares. The fourth to the sixteenth respondents in the Judicial Review proceedings and who are the cross appellants herein, being aggrieved with the above actions took out the Chamber Summons dated 30th July, 2012, seeking leave of the court to apply for Judicial Rev…

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