REPUBLIC v ELDORET MUNICIPAL COUNCIL EX PARTE PATRICK NALIANYA WANYONYI & another [2005] KEHC 111 (KLR)
- Court
- High Court of Kenya
- Case number
- 111
- Citation
- [2005] KEHC 111 (KLR)
- Decided
- 17 May 2005
AI Summary
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TypeJudicial ReviewPostureApplication for leave to file Notice of Motion and substantive application for orders of certiorari, prohibition, and mandamusCoramJEANNE GACHECHE
Holding
The application is struck out with costs due to the lack of supporting documents and the defectiveness of the application.
Facts
Patrick Nalianya Wanyonyi and Phinias Ngaira filed an application for leave to file a Notice of Motion and substantive application for orders of judicial review against the Eldoret Municipal Council.
Issues
- Defectiveness of the application for leave to file a Notice of Motion
- Defectiveness of the substantive application for orders of judicial review
Reasoning
The court found that the application for leave to file a Notice of Motion and the substantive application for orders of judicial review were not supported by the relevant verifying affidavits and were therefore fatally defective.
Outcome
Struck out
Authorities cited
Legislation (3)
- Civil Procedure Rules Cap 21 of the Laws of Kenya
- Law Reform Act Cap 26 of the Laws of Kenya
- Local Government Act
Cases cited (2)
- Commissioner General of Kenya Revenue Authority v. Silvano Onema Owaki T/a Marenga Filing Station CA (Kisumu) No. 45/2000
- R. V. Wandsworth JJ., ex p. Read (1942) 1K. B. 281
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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