[1998] KEHC 134 (KLR)
The court found that the respondent's requirement for the applicant to obtain a 'Travellers Wholesalers' licence was not supported by the Trade Licensing Act or the Pharmaceutical and Poisons Act, under which the applicant was already duly licensed. The imposition of an additional licensing requirement was therefore...
Source-derived case information.
- Citation
- [1998] KEHC 134 (KLR)
- Parties
- Applicant: Univet Laboratories (East Africa) Ltd; Respondent: The Municipal Council of Thika
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Children Miscellaneous Application 1090 of 1997
- Procedural Posture
- Miscellaneous Application / Ruling on Substantive Judicial Review Application
- Outcome
- application allowed
- Judges
- A Mbogholi-Msagha
- Legal Topics
- Judicial Review, Ultra Vires Actions, Trade Licensing, Pharmaceutical Regulation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Univet Laboratories (East Africa) Ltd
Applicant
The Municipal Council of Thika
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Substantive Judicial Review Application
Legal Issues
- 1 Whether the respondent's requirement for a 'Travellers Wholesalers' licence is lawful under the Trade Licensing Act and the Pharmaceutical and Poisons Act.
- 2 Whether the respondent acted ultra vires its statutory powers by imposing the additional licensing requirement.
Ratio Decidendi
The court found that the respondent's requirement for the applicant to obtain a 'Travellers Wholesalers' licence was not supported by the Trade Licensing Act or the Pharmaceutical and Poisons Act, under which the applicant was already duly licensed. The imposition of an additional licensing requirement was therefore ultra vires and unlawful. The court granted the orders of prohibition and mandamus as sought by the applicant, restraining the respondent from enforcing the unlawful requirement and compelling it to act within the law.
Court Disposition
application allowed
Orders
- Orders of prohibition and mandamus granted as sought in the Notice of Motion dated 19th December, 1997.
- The applicant shall have the costs of the application.
Full Case Text
Judgment text and source record
11 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI MISC. APPLICATION NO. 1090 OF 1997 UNIVET LABORATORIES (EAST AFRICA) LTD............................................................PLAINTIFF VERSUS THE MUNICIPAL COUNCIL OF THIKA.............................DEFENDANT
RULING
The applicant obtained leave to apply for orders for judicial review for prohibition and Mandamus against the respondent. The substantive application was then filed and served upon the respondent. When this matter was called out for hearing only the learned counsel for the applicant was present. No reply had been filed against the application and no appearance was made to the application herein.
The respondent required that the applicant has to apply for a licence known as “Travellers Wholesalers”. It is the applicants’ case that that requirement does not have the backing of the Law as it is in direct conflict with The Trade Licensing Act Cap 497 and the Pharmaceutical and Poisons Act Cap 244 under which Acts the applicants are licensed. I have followed keenly submissions of the learned counsel for the applicant and also perused the cited provisions of Law.
With respect, I agree that their requirement by the respondent is misplaced and ultra vires the Acts I have set out above. Accordingly the application succeeds. I grant orders as sought in the Notice of Motion dated 19th December, 1997.
The applicant shall have the costs of this application.
Orders accordingly.
Dated and delivered at Nairobi this 31st day of July 1998
A. MBOGHOLI MSAGHA
JUDGE
Mr Mweneri for applicant