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Rahab Wangari Gatuna v. Muranga District Land Disputes Tribunal,The Principla Magistrate Muranga & James Kamau Kihungi

(2013) JELR 95053 (CA)

Court of Appeal  •  Civil Appeal 296 of 2010  •  18 Jul 2013  •  Kenya

Coram
Alnashir Ramazanali Magan Visram, Martha Karambu Koome, James Otieno Odek

Judgement

JUDGMENT OF THE COURT

By a Notice of Motion dated and filed in Court on 29th April 2008, the appellant, Rahab Wangari Gatuna as the Interested Party moved the High Court Under Order LIII Rule 3 of the Civil Procedure Act and Rules for the following orders:

That an Order of Certiorari to remove the proceedings and award of the Muranga District Land Disputes Tribunal in case No. LDT 23 of 2008 in respect of land parcel No. Loc.8/Matharite/ Kiaheho/574 into the Honourable Court for the purpose of their being quashed and an order that the proceedings be quashed forthwith on their removal into the High Court.

That an Order of Prohibition do issue prohibiting the Principal Magistrate’s Court at Muranga from proceeding with or entering judgement in terms of the award dated 28th February 2008.

That the costs of this application be borne by James Kamau Kihungi.

The High Court did not hear the Notice of Motion on merit because a preliminary issue was raised that the Motion sought to quash a decisio…

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