Benjamin Kyambi Mbevi v County Director of Land Adjudication & Settlement & another; Grace Katilo Ngeli (w/o Katilo Ngeli Kitenge, Deceased [2020] eKLR Case Summary

Court
Environment and Land Court at Makueni
Category
Civil
Judge(s)
Hon. Justice Mbogo C.G.
Judgment Date
October 19, 2020
Country
Kenya
Document Type
PDF
Number of Pages
3
Explore the case summary of Benjamin Kyambi Mbevi v County Director of Land Adjudication & Settlement & Grace Katilo Ngeli [2020] eKLR, highlighting key legal issues and decisions.

Case Brief: Benjamin Kyambi Mbevi (s/o Mbevi Ngutu, Deceased) v County Director of Land Adjudication & Settlement (Makueni County) & another; Grace Katilo Ngeli (w/o Katilo Ngeli Kitenge, Deceased (Interested Party) [2020] eKLR

1. Case Information:
- Name of the Case: Benjamin Kyambi Mbevi (s/o Mbevi Ngutu, Deceased) v. The County Director of Land Adjudication & Settlement (Makueni County) & Another
- Case Number: Judicial Review Case No. 9 of 2019
- Court: Environment and Land Court at Makueni
- Date Delivered: 19th October 2020
- Category of Law: Civil
- Judge(s): Hon. Justice Mbogo C.G.
- Country: Kenya

2. Questions Presented:
The central legal issues before the court were whether the Ex-Parte Applicant could successfully seek judicial review in the nature of certiorari to quash the judgment in Land Case Appeal No. 216 of 2000 regarding land parcel Plot No. 299, and whether the application was properly filed under the relevant procedural rules.

3. Facts of the Case:
The Ex-Parte Applicant, Benjamin Kyambi Mbevi, sought judicial review against the County Director of Land Adjudication and Settlement (1st Respondent) and the Minister of Housing & Lands through the Deputy County Commissioner (2nd Respondent). The case stemmed from a judgment delivered on 31st July 2019 regarding land parcel Plot No. 299 in the Iuani Adjudication Section, which the Applicant contested. The application included a request for a stay of any further dealings with the land pending the outcome of the judicial review.

4. Procedural History:
The Ex-Parte Applicant filed a notice of motion application on 26th September 2019, seeking leave for judicial review. The application was initially set for hearing on 30th October 2019 but faced multiple delays due to the Applicant's counsel needing more time to amend the application and the impact of the COVID-19 pandemic on court operations. Ultimately, by 9th October 2020, the Ex-Parte Applicant sought to amend the initial application, abandoning the notice of motion filed earlier. The court, however, highlighted procedural missteps that led to the striking out of the application.

5. Analysis:
- Rules: The court referenced Order 53 of the Civil Procedure Rules, which governs applications for judicial review. Specifically, it noted that an application for an order of certiorari must be made with leave from the court, and such applications must be accompanied by a statement and verifying affidavits.
- Case Law: The court did not cite specific previous cases in its ruling but relied on procedural rules and the legal framework governing judicial review applications in Kenya.
- Application: The court concluded that the Ex-Parte Applicant improperly filed a notice of motion without obtaining the necessary leave. The subsequent chamber summons application was deemed invalid as it was filed outside the six-month window stipulated under Section 9(3) of the Law Reform Act and Order 53 Rule 2. The court determined that the abandonment of the initial application meant no valid application for leave existed for consideration.

6. Conclusion:
The court ruled to strike out the Ex-Parte Applicant's application for judicial review, concluding that it was improperly filed. The decision underscores the importance of adhering to procedural rules in judicial review applications, particularly regarding timelines and the necessity of obtaining leave before proceeding.

7. Dissent:
There were no dissenting opinions noted in the ruling.

8. Summary:
The Environment and Land Court at Makueni struck out the application for judicial review filed by Benjamin Kyambi Mbevi due to procedural errors, specifically the failure to obtain leave for the application and the abandonment of the initial notice of motion. This case highlights the critical nature of compliance with procedural rules in judicial review, which can significantly impact the outcome of legal proceedings.

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