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Milka Nyambura Wanderi & Alice Waithera Mwangi v. Principal Magistrate's Court Murang'a, Registrar Of Lands – Murang'a, Peter Mwangi Kagwanja, Monica Kathina Juma & David Waweru Njoroge

(2014) JELR 99073 (CA)

Court of Appeal  •  Civil Appeal 44 of 2013  •  18 Jun 2014  •  Kenya

Coram
Alnashir Ramazanali Magan Visram, James Otieno Odek, Stephen Gatembu Kairu

Judgement

JUDGMENT OF THE COURT

This is an appeal from the decision of the High Court at Nyeri (The Honourable Mr. Justice A. Ombwayo) made on 11th October, 2013, dismissing the appellants’ application for leave to apply for judicial review orders of certiorari, prohibition and mandamus.

Background

On 19th July, 2011, the appellants presented an application to the High Court under Order 53 rule 1 of the Civil Procedure Rules and Section 8 and 9 of the Law Reform Act chapter 26 of the Laws of Kenya for leave to apply for orders of:

(a) Certiorari to quash the decree or order issued by the 1st respondent, Resident Magistrate, Muranga on 30th December 2010 directing the registration of land parcel number Loc. 19/Rwathia/487(the property) in favour of Peter Mwangi Kagwanja and Monica Kathina Juma, the 1st and 2nd interested parties respectively.

(b) Certiorari to quash decisions of the 2nd respondent, the Registrar of Land, Muranga, dated 15th October 2010 and 8th March 2011 removing a caution on the pr…

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