[2015] KEHC 1771 (KLR)

[2015] KEHC 1771 (KLR)

The court held that the applicant had not demonstrated exceptional circumstances to warrant exemption from exhausting alternative remedies, specifically the remedy of seeking to set aside the ex parte order before the Tribunal or opposing its extension at the inter partes hearing. The existence or absence of a tenancy relationship, and thus the Tribunal's jurisdiction, depended on disputed facts and the interpretation of the contractual document, matters best determined by the Tribunal itself. The court emphasized that judicial review is a remedy of last resort and should not be invoked where adequate alternative remedies exist. Consequently, the application for leave to commence judicial...

Citation
[2015] KEHC 1771 (KLR)
Parties
Applicant: National Oil Corporation Limited; Respondent: Real Energy Limited; Respondent: Business Premises Rent Tribunal
Court
High Court
Court Station
High Court at Nairobi (Milimani Commercial Courts)
Jurisdiction
Kenya
Judgment Date
30 October 2015
Case Number
Miscellaneous Application 366 of 2015
Procedural Posture
Miscellaneous Application / Ruling on Application for Leave to Commence Judicial Review and for Stay
Outcome
Application for leave to commence judicial review struck out; costs awarded to respondents.
Judges
GV Odunga
Legal Topics
Judicial Review Leave, Tribunal Jurisdiction, Landlord Tenant Disputes, Exhaustion of Remedies
Source Language
English
Administrative Law Land and Property Judicial Review Leave Tribunal Jurisdiction Landlord Tenant Disputes Exhaustion of Remedies

Case Brief

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Parties

National Oil Corporation Limited

Applicant

Real Energy Limited

Respondent

Business Premises Rent Tribunal

Respondent

Procedural Posture

Miscellaneous Application / Ruling on Application for Leave to Commence Judicial Review and for Stay

Legal Issues

  1. 1 Whether the applicant is entitled to leave to commence judicial review proceedings against the Tribunal's ex parte order.
  2. 2 Whether the Business Premises Rent Tribunal had jurisdiction in the absence of a tenancy relationship.
  3. 3 Whether the applicant was required to exhaust alternative remedies before seeking judicial review.

Ratio Decidendi

The court held that the applicant had not demonstrated exceptional circumstances to warrant exemption from exhausting alternative remedies, specifically the remedy of seeking to set aside the ex parte order before the Tribunal or opposing its extension at the inter partes hearing. The existence or absence of a tenancy relationship, and thus the Tribunal's jurisdiction, depended on disputed facts and the interpretation of the contractual document, matters best determined by the Tribunal itself. The court emphasized that judicial review is a remedy of last resort and should not be invoked where adequate alternative remedies exist. Consequently, the application for leave to commence judicial...

Court Disposition

Application for leave to commence judicial review struck out; costs awarded to respondents.

Orders

  • The application for leave to commence judicial review is struck out.
  • One third of the costs awarded to the respondents.