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Republic v Chief Administrator Coast Province General Hospital ; Ex-parte Applicant: Billy Wanjala And Elizabeth Wanjala Both t/a Bluewave Investments [2020] KEELC 2699 (KLR)

[2020] KEELC 2699 (KLR) Environment & Land Court
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Court
Environment & Land Court
Case number
2699
Citation
[2020] KEELC 2699 (KLR)
Decided
12 May 2020
Beta Machine-generated summary. Automatically produced by AI from the judgment text — it may be incomplete or inaccurate. Always verify against the full judgment below. Not legal advice.

Summary at a glance

TypeJudicial ReviewPostureRespondent raised a Preliminary Objection, Applicant opposedCoramA. OMOLLO
The preliminary objection is dismissed with no order on costs.

Facts

The Applicant filed an application for judicial review orders of prohibition and certiorari against the Chief Administrator of Coast Province General Hospital. The application was filed in the High Court but transferred to the Environment and Land Court.

Issues

  • Jurisdiction of the Environment and Land Court to entertain the notice of motion
  • Procedural technicality of filing the application in the High Court

Reasoning

The court found no basis to strike out the application as the omission can be corrected by amendment, and no prejudice will be occasioned to the Respondent.

Outcome

The application for judicial review orders of prohibition and certiorari is allowed.

Authorities cited

Legislation (3)
  • Law Reform Act, Cap 26 Laws of Kenya
  • Constitution of Kenya, 2010
  • Civil Procedure Act
Cases cited (2)
  • Nicholas Kiptoo Arap Korir Salat v Independent Electoral and Boundaries Commission and 6 others (2013) eKLR
  • R v Public Procurement Administrative Review Board & Ano exparte MER Security and Communications Systems Ltd/Megason Electronics & Control 1978 (JV) & Ano, NBI HCJR Application no 180 of 2018
⚠ This summary is experimental and generated by a language model, not a lawyer. It can contain errors, omissions, or misinterpretations and must not be relied on for legal decisions. The authoritative source is the full judgment. Please confirm every point against the original before use.
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