Muigai International (K) Ltd v Resident Magistrate Milimani Commercial Courts & another [2015] KEHC 2918 (KLR)
- Court
- High Court of Kenya
- Case number
- 2918
- Citation
- [2015] KEHC 2918 (KLR)
- Decided
- 24 September 2015
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeJudicial Review ApplicationPostureApplication for Leave to Apply for Orders of Judicial ReviewCoramMegarry, Nyamu, Oguk, Waki
Holding
The court granted leave to apply for judicial review.
Facts
The applicant, Muigai International (K) Ltd, filed a civil application seeking interim restraining orders against Irene Ajwang. Ajwang filed an application to vacate these orders, arguing that there were previous orders in CMCC No. 4118 of 2015 that conflicted with the interim orders.
Issues
- Whether the applicant has an arguable case for granting leave to apply for judicial review.
- Whether the interim restraining orders should be quashed and the validity of previous orders extended.
Reasoning
The court considered the requirements for leave to apply for judicial review as explained in previous cases and held that the applicant had an arguable case.
Outcome
Leave granted
Authorities cited
Legislation (3)
- Constitution of Kenya, 2010
- Judicature Act
- Law Reform Act
Cases cited (6)
- 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
- Republic vs. County Council of Kwale & Another Ex Parte Kondo & 57 Others Mombasa HCMCA No. 384 of 1996
- Meixner & Another vs. Attorney General
- Mirugi Kariuki vs. Attorney General Civil Appeal No. 70 of 1991
- Re Bivac International SA (Bureau Veritas)
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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