REPUBLIC V. CHAIRMAN AMAGORO LAND DISPUTES TRIBUNAL & JACINTA PAPA EX-PARTE IN THE MATTER OF PAUL MAFWABI WANYAMA

JUDGMENT OF THE COURT

Jacinta Papa (“the appellant”) named as Interested Party in this appeal, filed a dispute against Paul Mafwabi Wanyama at the Amagoro Land Disputes Tribunal concerning a parcel of land known as Title Number North Teso/Kocholya/122. That Tribunal ruled in her favour in its decision handed down on 17^th November, 2008 and its award was adopted as a judgement of the court by the Principal Magistrate's Court at Busia on 16^th December, 2008. That did not go down well with Paul Mafwabi Wanyama (“the respondent”) who moved to the High Court of Kenya at Bungoma with an application for leave to apply for the judicial review order of certiorari and that such leave to operate as a stay of the judgement of the Busia Magistrate’s Court.

The respondent appeared before Mbogholi, J, on 30^th January, 2009 who heard the ex-parte application and being satisfied on the material presented before him granted leave to apply for judicial review ordering further the that leave granted was to…