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Timotheo Makenge v. Manunga Ngochi

(1979) JELR 94084 (CA)

Court of Appeal  •  Civil Appeal 25 of 1978  •  8 Feb 1979  •  Kenya

Coram
Eric John Ewen Law, Cecil Henry Ethelwood Miller, Samuel William Wako Wambuzi

Judgement

IN THE COURT OF APPEAL

AT NAIROBI

(Coram: Wambuzi, Law JJ A and Miller Ag JA)

CIVIL APPEAL NO 25 OF 1978

TIMOTHEO MAKENGE......................................APPELLANT

AND

MANUNGA NGOCHI........................................RESPONDENT

JUDGMENT

It is, I think, settled law that certiorari will issue from the High Court to quash a determination of an inferior tribunal for excess or lack of jurisdiction, error of law on the face of the record or breach of the rules of natural justice, or when the determination was produced by fraud, collusion or perjury: See 1 Halsbury’s Laws of England (4th Edn), page 150, paragraph 147.

In the case before us it would appear that Madan J issued the order of certiorari for three main reasons. Firstly, because there was an error of law in that the matter constituting the appeal before the Minister of Lands and Settlement was res judicata. Secondly, because the Minister ought not to have used assessors, presumably exceeding his jurisdiction. Thirdly, because ther…

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