Waqooy Merchants Limited v Nairobi City County & another (Environment & Land Case E201 of 2023) [2023] KEELC 19214 (KLR) (20 July 2023) (Ruling)
- Court
- Environment & Land Court
- Case number
- 19214
- Citation
- [2023] KEELC 19214 (KLR)
- Decided
- 20 July 2023
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeJudicial ReviewPostureApplication for judicial review struck outCoramJUDY OMANGE
Holding
The application is struck out with costs as it was not a judicial review and leave to seek judicial review was not required.
Facts
Waqooy Merchants Limited applied for orders compelling Nairobi City County to issue stamped and approved architectural and structural plans and release documents related to a shopping center development.
Issues
- Whether leave to seek judicial review was required
- Whether the application was for judicial review or mandamus
Reasoning
The court ruled that the application was not a judicial review but an order for mandamus, which requires leave to be sought unless framed as a constitutional petition.
Outcome
Application struck out
Authorities cited
Cases cited (1)
- National Social Security Limited v Sokomanja Limited [2021 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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