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Original judgment

Nanyuki Municipal Council v Commissioner of Lands & 1 other

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NYERI Misc Appli 177 of 2004 NANYUKI MUNICIPAL COUNCIL …………...............………………………APPLICANT Versus COMMISSIONER OF LANDS…………………….............………….1ST RESPONDENT CHIEF LAND REGISTRAR……………………..……............………2ND RESPONDENT RULING From what has been brought to my attention during the hearing of the Notice of Motion (Ex-parte) dated 6th November, 2004, the same is hereby dismissed for the following reasons: First, the application does not show, in the head notes, who the other intended parties are. Secondly, Order L III Rule 2 fixing the period within which leave to file proceedings for orders of certiorari must be sought is mandatory. Thirdly, order XLIX of the Civil Procedure Rules, like any other Civil Procedure Rules, other than order L III, do not apply to Judicial Review proceedings. Dated this 21st day of may, 2006. J. M. KHAMONI JUDGE

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