KYUNGUTI NDISO V. MUTUNGA MUOTI & MINISTER FOR LANDS AND SETTLEMENT

JUDGMENT OF THE COURT

This is an appeal against the judgment of the High Court of Kenya at Nairobi (Shields, J.) given on June 17, 1993 whereby the learned judge dismissed the appellant's application for a prerogative order of certiorari.

A short summary of the matters giving rise to this appeal is that on October 14, 1985, the District Commissioner of Machakos District on behalf of the Minister of Lands and Settlement in the exercise of the powers under the provisions of section 29 (1) of the Land Adjudication Act (Cap 284 of the Laws of Kenya) ordered that land parcel number 375, in Kyethivo Adjudication Section of Machakos District be registered in the name of the 1st respondent, Mutunga Muoti.

The appellant being aggrieved by that decision applied on March 27, 1986, for leave to apply for an order of certiorari to remove into the superior court for the purpose of quashing the said order of the Minister on the grounds that there is an error apparent on the record, that is that the det…