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)
- Court
- Environment & Land Court
- Case number
- 2699
- Citation
- [2020] KEELC 2699 (KLR)
- Decided
- 12 May 2020
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
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