Republic v Chairman, Business Premises Rent Tribunal & another [2016] KEHC 7945 (KLR)

Facts

The applicants are tenants of business premises and are aggrieved by orders of the Business Premises Rent Tribunal. They seek to set aside the orders and review the proceedings.

Issues

1. Jurisdiction of the High Court to set aside leave and/or stay granted in judicial review proceedings
2. Whether the High Court has jurisdiction to set aside stay while leaving the leave intact
3. Whether the High Court has wide powers to grant, vary, discharge or set aside orders of stay granted under subrule (4)

Reasoning

The Court of Appeal has held that the grant of leave to set aside leave is an exercise of judicial discretion based on the prevailing circumstances. The High Court has wide powers to do so on such terms as are just.

Outcome

The High Court has jurisdiction to set aside orders of stay granted under subrule (4) and an aggrieved party has the option of returning to the Judge who issued the orders or to file an appeal to the Court of Appeal.

Authorities cited