Rajwani v Chief Magistrate,Law Courts Nairobi & 2 others [2005] KEHC 1794 (KLR)
- Court
- High Court of Kenya
- Case number
- 1794
- Citation
- [2005] KEHC 1794 (KLR)
- Decided
- 8 July 2005
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeJudicial ReviewPostureApplication for Leave to Apply for Judicial ReviewCoramJ. G. NYAMU, J. B. OJWANG, MARY KASANGO
Holding
The applicant's preliminary objections are dismissed due to the rule of res judicata, and the application to be heard on merit is the main application seeking judicial review orders.
Facts
The applicant filed a preliminary objection to the 2nd respondent's application for leave to apply for judicial review, challenging its competence and the application of certain statutes.
Issues
- Competence of the 2nd respondent's application
- Res judicata
Reasoning
The court found that the 2nd respondent's application was competent and that the applicant's arguments were res judicata, as the same issues had been raised before Justice Makhandia.
Outcome
The applicant's preliminary objection is dismissed, and the 2nd respondent's application is ordered to be heard on merit.
Orders
- The applicant's preliminary objection is dismissed.
- The costs in respect of this objection abide the outcome of the application for judicial review.
- The court is in a position to allocate a hearing date for the 2nd respondent's application.
Authorities cited
Legislation (2)
- Civil Procedure Act (Cap 21)
- Constitution (Protection of Fundamental Rights and Freedoms of the Individual) Practice and Procedure Rules, 2001
Cases cited (1)
- HOYSTEAD AND OTHERS V TAXATION COMMISSIONER [1925] ALL E.R. 56
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.
Loading judgment…