[2018] KEELC 2162 (KLR)
The court found that the application for leave to commence judicial review proceedings was properly served on the respondent, who failed to appear or oppose the application. The court was satisfied that the applicant had met the threshold for grant of leave and, in the absence of any challenge, granted the...
Source-derived case information.
- Citation
- [2018] KEELC 2162 (KLR)
- Parties
- Applicant: Abdul Kadir Mohamed t/a Arabian Delights Restaurant; Respondent: Bashir Haji
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Narok
- Jurisdiction
- Kenya
- Case Number
- Judicial Review 2 of 2018
- Procedural Posture
- Judicial Review / Ruling on Chamber Summons for Leave and Stay
- Outcome
- Application granted as prayed in terms of prayers 2, 3, 4, and 5 of the chamber summons dated 20th June, 2018.
- Judges
- MN Kullow
- Legal Topics
- Judicial Review, Business Premises Rent Tribunal, Leave to Commence Proceedings, Stay of Proceedings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Abdul Kadir Mohamed t/a Arabian Delights Restaurant
Applicant
Bashir Haji
Respondent
Procedural Posture
Judicial Review / Ruling on Chamber Summons for Leave and Stay
Legal Issues
- 1 Whether the applicant is entitled to leave to commence judicial review proceedings against the respondent.
- 2 Whether the leave granted should operate as a stay of proceedings before the Business Premises Rent Tribunal.
- 3 Whether the application should be granted as unopposed due to non-appearance of the respondent.
Ratio Decidendi
The court found that the application for leave to commence judicial review proceedings was properly served on the respondent, who failed to appear or oppose the application. The court was satisfied that the applicant had met the threshold for grant of leave and, in the absence of any challenge, granted the application as prayed in terms of prayers 2, 3, 4, and 5 of the chamber summons dated 20th June, 2018. The court exercised its discretion to grant the orders sought, noting the unopposed nature of the application and compliance with procedural requirements.
Court Disposition
Application granted as prayed in terms of prayers 2, 3, 4, and 5 of the chamber summons dated 20th June, 2018.
Orders
- Leave granted to commence judicial review proceedings against the respondent.
- Orders granted as per prayers 2, 3, 4, and 5 of the chamber summons dated 20th June, 2018.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT NAROK
JUDICIAL REVIEW NO. 2 OF 2018
ABDUL KADIR MOHAMED T/A ARABIAN
DELIGHTS RESTAURANT...........PLAINTIFF
-VERSUS-
BASHIR HAJI.............................DEFENDANT
RULING
The Exparte Applicant had filed a Judicial Review Application dated 20th June, 2018 seeking leave of the court to commence Judicial Review Proceedings against the Respondent and upon hearing the Application exparte in the first instance the court granted leave for the Applicant to commence Judicial Review proceedings against the Respondent but in the same application the court declined to allow the grant of the said leave to operate as a stay of proceeding.
The Business Premises Rent Tribunal in the hearing and determination of BPRT Case No. 15 of 2018 pending the haring of the substantive Judicial Review Application.
On the 29th June, 2018 the court directed that the application be served upon the Respondent and the limb of the orders sought for leave to operate as a stay in the chamber summons dated 20th June, 2018 be heard Interparties on 12th July, 2018 and on the said date the Applicant appeared alone. The court having satisfied itself that there was proper service on the Respondent by way of Affidavit of Service that was on record directed that the application do proceed.
From the foregoing and in view of the fact the application remains unchallenged despite service on the Respondent. I do order and grant the application as prayed in terms of prayers 2, 3, 4 and 5 of the Chamber Summons dated 20th June, 2018.
DATED, SIGNED and DELIVERED in open court atNAROKon this31stday ofJuly, 2018
Mohammed Noor Kullow
Judge
31/7/18
In the presence of:-
Mr Kambo holding brief for Nyangau for exparte applicant
N/A for the respondent
CA:Chuma
Mohammed Noor Kullow
Judge
31/7/18