Aquarius Limited & 9 others v Chief Magistrate’s Court-Nairobi & 2 others [2006] KEHC 2422 (KLR)
- Court
- High Court of Kenya
- Case number
- 2422
- Citation
- [2006] KEHC 2422 (KLR)
- Decided
- 22 May 2006
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeJudicial ReviewPostureApplication for leave to bring an application for Judicial Review OrdersCoramR. P. V WENDOH
Holding
The application is dismissed. Costs to be in the cause.
Facts
The applicants are tenants of the 2nd Respondent. They claim there was a conspiracy between the 2nd Respondent and City Others to have the 2nd Respondent charged, plead guilty so that the court would issue an order of demolition of the premises the applicants occupy.
Issues
- certiorari to quash the decision of the magistrate to reopen the case
- certiorari to quash the Magistrate's decision ordering the inspection of the suit premises by the City Engineer
- order of prohibition to issue against the magistrate to stop him from summoning the City Engineer to carry out the inspection
Reasoning
The court does not take oral evidence and it is not possible to ascertain otherwise than believe that the demolition ordered by the court has already been completed. The court will therefore not grant a stay order in vain.
Outcome
Dismissed
Authorities cited
Legislation (2)
- Civil Procedure Rules
- Law Reform Act
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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