Republic v Ridgeway International Limited Ex parte National Land Commission; Milicons Limited (Interested party) [2022] KEELC 1921 (KLR)
- Court
- Environment & Land Court
- Case number
- 1921
- Citation
- [2022] KEELC 1921 (KLR)
- Decided
- 27 January 2022
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeJudicial ReviewPostureApplication to strike out ex-parte applicant's Notice of Motion and award costsCoramCHRISTINE OCHIENG
Holding
The ex-parte applicant's Notice of Motion dated 15th July, 2019 should be struck out with costs to the interested party.
Facts
The ex-parte applicant filed a previous suit (ELC 127 of 2017) against the respondent and interested party regarding the same suit properties. The ex-parte applicant seeks a judicial review order of mandamus against the respondent's decision on the legality and propriety of LR No. 337/4762 and LR No. 337/4763.
Issues
- Whether the ex-parte applicant's Notice of Motion dated 15th July, 2019 should be struck out with costs to the interested party.
- Whether the ex-parte applicant's judicial review application is frivolous, unreasonable, and an abuse of the court process.
Reasoning
The ex-parte applicant failed to disclose material information to the court, and the judicial review application is frivolous and an abuse of the court process.
Outcome
The ex-parte applicant's Notice of Motion dated 15th July, 2019 is struck out with costs to the interested party.
Orders
- The ex-parte applicant's Notice of Motion dated 15th July, 2019 is struck out.
- Costs are awarded to the interested party.
Authorities cited
Cases cited (10)
- Trust Bank Limited v Amin Company Ltd & Another (2000) KLR 164
- Republic v Registrar of Societies - Kenya & 2 Others Ex-Parte Moses Kirima & 2 others [2017] eKLR
- Republic v County Government of Mombasa Ex-parte Outdoor Advertising Association of Kenya [2014] eKLR
- Republic vs Paul Kihara Kariuki, Attorney General & 2 Others Ex Parter Law Society of Kenya (2020) eKLR
- Republic –v– National Land Commission Ex-parte Krystalline Salt Limited [2015] eKLR
- Sueleddin Gulen v Inspector General of Police & 5 others [2021] eKLR
- Super Nova Properties Limited v The National Land Commission [2019] eKLR
- Selehaddin Gulen v Inspector General of Police & 5 others [2021] eKLR
- Republic v County Government of Mombasa Ex-parte Outdoor Advertising Association of Kenya [2014] eKLR
- Republic vs Paul Kihara Kariuki, Attorney General & 2 Others Ex Parter Law Society of Kenya (2020) eKLR
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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