Oilcom Kenya Limited v Permanent Secretary Ministry of Roads & Public Works & another [2006] KECA 7 (KLR)
- Court
- Court of Appeal
- Case number
- 7
- Citation
- [2006] KECA 7 (KLR)
- Decided
- 22 December 2006
AI Summary
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TypeCivil AppealPostureApplication for injunction and stay of execution of demolitionCoramJUDGE OF APPEAL, Wendoh, JUDGE OF APPEAL, E.O. O'KUBASU, JUDGE OF APPEAL, J.W. ONYANGO OTIENO, JUDGE OF APPEAL, W.S. DEVERELL
Holding
The application for an interim stay of demolition was granted.
Facts
Oilcom Kenya Limited applied for an interim stay of demolition of a petrol station and structures on LR No. 17645/2 pending the hearing and final determination of an intended appeal from a previous order in High Court Miscellaneous Civil Application No. 701 of 2006.
Issues
- Whether the superior court had discretion to order an inter partes hearing when the rules provide for an ex parte application
- Whether the applicant's property was part of the area to be demolished
Reasoning
The court ruled that the application for leave to file the application ex parte was granted, and the application was heard inter partes due to the urgency and seriousness of the matter.
Outcome
The application was granted.
Orders
- Interim stay of demolition of the petrol station and all structures erected on LR No. 17645/2 pending hearing and final determination of the intended appeal
Remedies
- Interim stay of demolition
Authorities cited
Legislation (2)
- Law Reform Act Chapter 26
- Order LIII of the Civil Procedure Rules
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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