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REPUBLIC V. OLOLULUNG'A LAND DISPUTES TRIBUNAL & SENIOR PRINCIPAL MAGISTRATE EX-PARTE NGURUMAN LIMITED

(2017) JELR 95328 (CA)

Court of Appeal  •  Civil Appeal 205 of 2010  •  21 Jun 2017  •  Kenya

Coram
Philip Nyamu Waki, Roselyn Naliaka Nambuye, Patrick Omwenga Kiage

Judgement

JUDGMENT OF THE COURT

This appeal is limited to only that part of the ruling of the High Court at Nakuru (Ouko J, as he then was) delivered on 19th May 2010 which disallowed the application for orders of certiorari in Misc. Civil Application No. 7 of 2010 by Nguruman Limited, the effective appellant herein. That application had been consolidated with two other applications seeking orders of judicial review namely Misc. Civil Application Nos. 121 and 122 of 2009 also filed at the High Court in Nakuru 122 of 2009 had sought orders of prohibition but was effectively abandoned, the event targeted having occurred and relief instead was pursued through certiorari in No. 7 of 2010.

In the learned Judge’s ruling, the appellant’s prayers in No. 121 of 2009 granted certiorari calling up and quashing the decision by the Ololunga Land Disputes Tribunal as adopted and effected by the Senior Principal Magistrate’s Court, Narok, purporting to cancel the appellant’s title to Narok/Nguruman/Kamorora/1 a…

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