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

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 11^th October, 2013, dismissing the appellants’ application for leave to apply for judicial review orders of certiorari, prohibition and mandamus.

Background

On 19^th 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 1^st respondent, Resident Magistrate, Muranga on 30^th 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 1^st and 2^nd interested parties respectively.

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