REPUBLIC V SENIOR RESIDENT MAGISTRATE, CITY COURT & ANOTHER EXPARTE FALCON PROPERTIES LIMITED [2012] KEHC 2866 (KLR)
- Court
- High Court of Kenya
- Case number
- 2866
- Citation
- [2012] KEHC 2866 (KLR)
- Decided
- 20 July 2012
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeJudicial ReviewPostureEx parte application for judicial reviewCoramC. W. GITHUA
Holding
The court allowed the application to recall and cancel the previous orders, giving the parties an opportunity to properly extract an order that complies with the ruling of Judge Muchelule.
Facts
The applicant, Falcon Properties Limited, filed two applications in the City Court, Nairobi, seeking to have a previous order declared null and void and recalled. The court allowed the application and recalled the previous orders.
Issues
- Declaration of a previous order as null and void
- Recall and cancellation of the previous order
- Costs of the application
Reasoning
The court allowed the application partly due to the variance between the previous order and the ruling of Judge Muchelule, but declined to award costs as the application had succeeded on other grounds.
Outcome
The application was allowed, and the previous orders were recalled and cancelled.
Orders
- Recall and cancellation of the previous orders
Remedies
- Recall and cancellation of the previous orders
Authorities cited
Legislation (1)
- Register of Land Act, Cap. 300
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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