ALPHA KNITS LIMITED & 2 others v RUIRU MUNICIPAL COUNCIL [2009] KEHC 3635 (KLR)
- Court
- High Court of Kenya
- Case number
- 3635
- Citation
- [2009] KEHC 3635 (KLR)
- Decided
- 7 May 2009
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeJudicial ReviewPostureEx-parte application for leave to apply for orders of certiorari and prohibitionCoramAganyanya, Aluoch, Keiwua, Owuor, Shah
Holding
The application will be heard inter-partes
Facts
An ex-parte Chamber Summons was filed by M/s Gadhia & Mucheru advocates on behalf of the applicants ALPHA KNITS LIMITED, KIRANKUMAR C. MALDE, RC MALDE and SC MALDE, and JETLAK FOODS LIMITED against the Ruiru Municipal Council. The applicants requested leave to file judicial review proceedings for prohibition and a stay of the Municipal Council's decision to levy rates.
Issues
- Whether the ex-parte application should be heard inter-partes
- Whether the leave granted should act as a stay of the Municipal Council's decision
Reasoning
The court held that the application should be heard inter-partes, citing previous court decisions and the rules of the Civil Procedure Rules.
Outcome
The application will be heard inter-partes
Authorities cited
Legislation (1)
- Civil Procedure Rules
Cases cited (4)
- REPUBLIC -VS- COMMISSIONER OF COOPERATIVES –Ex Parte Kirinyaga Tea Credit Society Ltd.
- OIL COM KENYA LTD -VS- PERMANENT SECRETARY MINISTRY OF ROADS & PUBLIC WORKS – Nairobi Civil Appeal No. 10 of 2007
- JUDICIAL COMMISSION OF INQUIRY INTO THE GOLDENBERG AFFAIR & 3 OTHERS –VS- KILACH – Nairobi Civil Application No. 77 of 2003 (UR. 40/03)
- SHAH –VS- RESIDENT MAGISTRATE NAIROBI
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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