LARSEN & TOUBRO LIMITED v COMMISSIONER OF DOMESTIC TAXES [2012] KEHC 2146 (KLR)
- Court
- High Court of Kenya
- Case number
- 2146
- Citation
- [2012] KEHC 2146 (KLR)
- Decided
- 28 September 2012
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeJudicial ReviewPostureApplication for Certiorari and MandamusCoramH. P. G. Waweru, Asike-Makhandia
Holding
The order directing the leave to operate as a stay is amendable to review
Facts
Larson & Toebro Limited applied for judicial review of an agency notice and decision by the Commissioner of Domestic Taxes, seeking to quash the notice and decision and prohibit the Commissioner from claiming the withheld taxes.
Issues
- Whether the leave to apply for judicial review can be challenged
- Whether the order directing the leave to operate as a stay is amendable to review
Reasoning
The order is discretionary and made to meet the ends of justice. A succeeding judge can review the direction as it deems fit in the interests of justice.
Outcome
The preliminary objection is overruled with costs, and the notice of motion for variation of the stay order shall proceed to hearing.
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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