[2020] KEHC 2278 (KLR)
The court found that the applicant's chamber summons seeking leave for judicial review was fatally defective because it failed to specify the judicial review orders sought and was not accompanied by the mandatory statement as required by Order 53 Rule 1 of the Civil Procedure Rules. The absence of these procedural...
Source-derived case information.
- Citation
- [2020] KEHC 2278 (KLR)
- Parties
- Applicant: Stone Contractors Limited; Respondent: The Registrar of Companies
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Judicial Review Miscellaneous Application E049 of 2020
- Procedural Posture
- Judicial Review Application / Ruling on Chamber Summons for Leave
- Outcome
- application struck out for being incompetently filed
- Judges
- P Nyamweya
- Legal Topics
- Judicial Review Procedure, Leave to Apply, Order 53 Rules, Competency of Application
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Stone Contractors Limited
Applicant
The Registrar of Companies
Respondent
Procedural Posture
Judicial Review Application / Ruling on Chamber Summons for Leave
Legal Issues
- 1 Whether the application for leave for judicial review was competently filed in accordance with Order 53 Rule 1 of the Civil Procedure Rules.
- 2 Whether the absence of a statement and specific reliefs sought renders the application fatally defective.
Ratio Decidendi
The court found that the applicant's chamber summons seeking leave for judicial review was fatally defective because it failed to specify the judicial review orders sought and was not accompanied by the mandatory statement as required by Order 53 Rule 1 of the Civil Procedure Rules. The absence of these procedural requirements deprived the court of the ability to determine whether leave should be granted, and rendered the application incompetent. Consequently, the court struck out the application for non-compliance with the procedural rules governing judicial review applications.
Court Disposition
application struck out for being incompetently filed
Orders
- The Applicant's Chamber Summons dated 12th October 2020 is hereby struck out for being incompetently filed.
- There shall be no order as to costs.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
JUDICIAL REVIEW APPLICATION NO. MISC. E049 OF 2020
STONE CONTRACTORS LIMITED...................................APPLICANT
VERSUS
THE REGISTRAR OF COMPANIES..............................RESPONDENT
RULING
1. The Applicant herein has filed an application by way of a Chamber Summons dated 12th October 2020, seeking the following orders :
1. THATthe matter be certified as urgent;
2. THATthe Notice to the Registrar be dispensed with in the first instant;
3. THATthe court be pleased to grant leave to apply for Judicial Review;
4. THATthe grant of leave to operate as a stay of the decision of the Registrar of Companies
5. THATthe costs of this application.
2. The said application is supported by a supporting affidavit and verifying affidavit both sworn on 12th October 2020 by Joseph Kingwagu Saffary , the ex parte Applicant’s Managing Director.
3. I note that leave is being sought with respect to judicial review, and no specific judicial review orders are indicated in the application. This Court is accordingly not in a position to determine if such leave is justified. Order 53 Rule 1(1) and (2) in this respect envisages the specific relief sought by a party to be indicated in an application for leave, and provides as follows:
“(1) No application for an order of mandamus, prohibition or certiorari shall be made unless leave therefor has been granted in accordance with this rule.
(2) An application for such leave as aforesaid shall be made ex parte to a judge in chambers, and shall be accompanied by a statement setting out the name and description of the applicant, the relief sought, and the grounds on which it is sought, and by affidavits verifying the facts relied on.”
4. In addition, I also note that the Applicant’s application is not supported by a statement as required by Order 53 Rule1 of the Civil Procedure Rules, and is therefore incompetently filed.
5. In the circumstances, I hereby direct and order as follows:
I.The Applicant’sChamber Summons dated 12th October 2020, is hereby struck out for being incompetently filed.
II.There shall beno order as to costs.
6. Orders accordingly.
DATED AND SIGNED AT NAIROBI THIS 15TH DAY OF OCTOBER 2020
P. NYAMWEYA
JUDGE