Priscilla Land Gates Ltd & another v Morris Gikonyo & another [2015] KEHC 1846 (KLR)
- Court
- High Court of Kenya
- Case number
- 1846
- Citation
- [2015] KEHC 1846 (KLR)
- Decided
- 29 October 2015
The court grants leave to file a judicial review application and issues an order of prohibition to the 2nd Respondent prohibiting them from entertaining or hearing the matter in Rent Restriction Tribunal at Nairobi case number 707 of 2015.
Facts
On 8th September, 2015, the 1st interested party filed a suit before the 2nd respondent and simultaneously applied for an injunction against the applicants. The 2nd respondent denied the applicants' counsel audience to raise the issue of jurisdiction.
Issues
- Jurisdiction of the 2nd Respondent
- Denial of Justice
- Enforcement of Orders through Contempt Proceedings
Reasoning
The court considered the requirement for leave to file a judicial review application and the purpose of the leave to filter out frivolous applications. The court found that the applicants had an arguable case and that the 2nd Respondent lacked jurisdiction.
Outcome
Leave granted
Orders
- Order of Prohibition to the 2nd Respondent
- Stay of Proceedings
Remedies
- Prohibition Order
- Stay of Proceedings
Authorities cited
Cases cited (4)
- 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
- Re Bivac International SA (Bureau Veritas) [2005] 2 EA 43 (HCK)
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