Republic v Commissioner of Police Exparte Fazil Hammed [2012] KEHC 2510 (KLR)
- Court
- High Court of Kenya
- Case number
- 2510
- Citation
- [2012] KEHC 2510 (KLR)
- Decided
- 31 August 2012
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeJudicial ReviewPostureAppeal from an original trialCoramM. K. Ibrahim, J.W. Mwera
Holding
The judgment and orders of the court dated 29.9.2010 directing the release of the Mercedes Benz ML Chassis No. WDC1641862A220668 and Ranger Rover Chassis No. SALLSAA 137A997608 are set aside and vacated.
Facts
The applicant, Fazil Hammed, applied for leave to apply for judicial review by way of an order of mandamus. The application was brought under Order L Rule 1 of the Civil Procedure Rules and Section 1A, 1B & 3A of the Civil Procedure Act.
Issues
- Enjoining the respondent to release two vehicles subject to the suit
- Determining the disposition of the vehicles pending further orders
Reasoning
The court found the issues raised in the application to be of a weighty nature and could not make a final determination of the disposition of the vehicles without further proceedings.
Outcome
The judgment and orders of the court dated 29.9.2010 are set aside and vacated.
Orders
- Judgment and orders of the court dated 29.9.2010 directing the release of the Mercedes Benz ML Chassis No. WDC1641862A220668 and Ranger Rover Chassis No. SALLSAA 137A997608 are set aside and vacated.
- The 2 vehicles above shall continue to be detained by the Port police and the Kenya Revenue Authority pending the final determination of this suit and thereafter abide by the decision of the Court.
- The Interested Party shall file his Replying Affidavit to the Notice of Motion dated 19th May 2010 and thereafter the matter fixed for interpartes hearing.
Remedies
- The judgment and orders of the court dated 29.9.2010 are set aside and vacated.
- The 2 vehicles are to be detained pending further orders.
Authorities cited
Legislation (3)
- Civil Procedure Rules
- Civil Procedure Act
- Police 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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