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REPUBLIC v SUGAR ARBITRATION TRIBUNAL Exparte SOUTH NYANZA SUGAR COMPANY LTD [2012] KEHC 2864 (KLR)

[2012] KEHC 2864 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
2864
Citation
[2012] KEHC 2864 (KLR)
Decided
24 July 2012
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeJudicial ReviewPostureEx-parte applications seeking to quash and prohibit the implementation of decisions of the Sugar Arbitration TribunalCoramD.S. MAJAN
Holding

The ex-parte applications are dismissed with costs to the respondent

Facts

Various claimants filed suit seeking various reliefs for breach of contract under the Sugar Act. The ex-parte applicants seek to remove into the High Court the decisions of the Sugar Arbitration Tribunal.

Issues

  1. Validity of decisions of the Sugar Arbitration Tribunal
  2. Abuse of power by the Tribunal

Reasoning

The court found no errors in the manner of assessment of evidence and the conclusions reached by the Tribunal. The ex-parte applicant's central claims are appeals from the Tribunal's decision, which are outside the purview of judicial review.

Outcome

Dismissed with costs

Orders

  • Applications dismissed

Remedies

  • None

Authorities cited

Legislation (1)
  • Sugar Act (Act No. 10 of 2001)
Cases cited (2)
  • Chief Constable of North Wales Police v Evans [1982] I WLR 1155
  • R v Judicial Service Commission ex-parte Pareno [2004] I KLR 203
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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