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Mohamed Abushiri Mukullu v. Minister for Lands and Settlement, Director of Land Adjudication and Settlement, Registrar of Lands Kwwale District, Alberto Soprano, Massud Abdalla Mhemba, Kwale County Council & Department of Defence

(2015) JELR 99024 (CA)

Court of Appeal  •  Civil Appeal 158 of 2007  •  12 Feb 2015  •  Kenya

Coram
Hannah Magondi Okwengu, Milton Stephen Asike Makhandia, Fatuma sichale

Judgement

JUDGMENT OF THE COURT

The appellant, Mohamed Abushiri Mukullu through his advocates, Messrs Steven Kithi and Company, on 10th December, 2006 filed an ex parte Chamber Summons application dated 31st July, 2006 seeking leave of court to apply for the judicial review orders of certiorari, prohibition and mandamus out of time. The subject of the application concerned the adjudication of several plots and parcels of land located on Wasini Island. His contention was that the respondents had irregularly applied the Land Adjudication Act (Cap 284) to the Wasini Island despite the said Island being part of the 10 mile Kenyan Coastal Strip, whose title is governed by the Land Titles Act (Cap 282), despite the appellant having had title to several portions of the Island long before the commencement of the adjudication process, including his appeals and objections thereto, and despite the respondents acting irregularly and in breach of the rules of natural justice. The decisions sought to be quash…

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