GLOBAL MERCHANTS LIMITED & ANOTHER v THIKA MUNICIPAL COUNCIL [2007] KEHC 1420 (KLR)
- Court
- High Court of Kenya
- Case number
- 1420
- Citation
- [2007] KEHC 1420 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeJudicial ReviewPostureAppeal from a decision to grant leave to apply for judicial reviewCoramM.A. ANG’AWA
Holding
The application for leave seeking leave to commence Judicial Review of Prohibition be and is hereby declined and dismissed.
Facts
The applicant, Global Merchants Limited, sought leave to apply for judicial review against the Municipality of Thika, alleging harassment of their workers and agents. The Municipality had stopped alterations to the premises without permission.
Issues
- Should leave to commence proceeding of Judicial Review under prohibition be issued?
- Should the applicant's failure to disclose material facts and mislead the court be considered?
Reasoning
The applicant failed to disclose material facts before the magistrate's court, misled the court, and did not seek permission for alterations to the premises.
Outcome
Appeal dismissed
Orders
- The application for leave to commence Judicial Review of Prohibition be and is hereby declined and dismissed.
- A copy of this ruling be served upon the Registrar of the High Court of Kenya and the interested party.
- The applicant will bear his own costs.
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…