National Oil Corporation Limited v Real Energy Limited & another [2015] KEHC 1771 (KLR)
- Court
- High Court of Kenya
- Case number
- 1771
- Citation
- [2015] KEHC 1771 (KLR)
Leave to apply for judicial review was granted
Facts
The applicant, National Oil Corporation Limited, entered into a Dealer Licence Agreement with the 1st respondent, Real Energy Limited, to operate in its service station on LR. No. 209/6776, Ngong Road. The applicant allegedly terminated the agreement and took possession of the service station, leading to the 1st respondent applying for a restraining order and the 2nd respondent, the Business Premises Rent Tribunal, granting it ex parte.
Issues
- Whether the applicant has an arguable case for judicial review
- Whether the Business Premises Rent Tribunal's order should be quashed and the application for further hearing should be prohibited
Reasoning
The court considered the requirements for leave to apply for judicial review, citing previous cases that leave is a prerequisite and a filter to weed out frivolous applications. The court held that the applicant had an arguable case.
Outcome
Leave to apply for judicial review was granted
Authorities cited
Legislation (1)
- Landlord and Tenant (Shop, Hotel and Catering Establishments) Act, Cap 301
Cases cited (5)
- Matiba vs. Attorney General Nairobi H.C. Misc. Application No. 790 of 1993
- Republic vs. Land Disputes Tribunal Court Central Division and Another Ex Parte Nzioka [2006] 1 EA 321
- Republic vs. County Council of Kwale & Another Ex Parte Kondo & 57 Others Mombasa HCMCA No. 384 of 1996
- Mirugi Kariuki vs. Attorney General Civil Appeal No. 70 of 1991 [1990-1994] EA 156; [1992] KLR 8
- Re Bivac International SA (Bureau Veritas) [2005] 2 EA 43 (HCK)
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