In the notice of motion, the applicant cited section 43 of the Land Disputes Act No. 10 of 2010 he prayed the Court to exercise its supervisory and revisional powers. The 1st Respondent, raised a preliminary objection to this application. The grounds of the objection were that the applicant could not invoke the revision jurisdiction of the court because the right of appeal was open to her and the affidavit in support of the application was incurably defective as it offended the requirement of order XIX rule 3 of the Civil Procedure Code, 1966. She also said the application was misconceived as the declaratory order could not be sought in a chamber application and that it had been filed under wrong provision of the law.

