Case ID:165363

Stone Contractors Limited v Registrar of Companies [2020] eKLR

Case Metadata

Case Number:

Judicial Review Application Miscellaneous E049 of 2020

Parties:

Stone Contractors Limited v Registrar of Companies

Date Delivered:

15 Oct 2020

Case Class:

Civil

Court:

High Court at Nairobi (Milimani Law Courts)

Case Action:

Ruling

Judge(s):

Pauline Nyamweya

Citation:

Stone Contractors Limited v Registrar of Companies [2020] eKLR

Court Division:

Judicial Review

County:

Nairobi

Disclaimer:

The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIROBI

JUDICIAL REVIEW APPLICATION NO. MISC. E049 OF 2020

STONE CONTRACTORS LIMITED

...................................APPLICANT

VERSUS

THE REGISTRAR OF COMPANIES

..............................RESPONDENT

RULING

1. The Applicant herein has filed an application by way of a Chamber Summons dated 12

th

October 2020, seeking the following orders :

1.

THAT

the matter be certified as urgent;

2.

THAT

the Notice to the Registrar be dispensed with in the first instant;

3.

THAT

the court be pleased to grant leave to apply for Judicial Review;

4.

THAT

the grant of leave to operate as a stay of the decision of the Registrar of Companies

5.

THAT

the costs of this application.

2. The said application is supported by a supporting affidavit and verifying affidavit both sworn on 12

th

October 2020 by Joseph Kingwagu Saffary , the

ex parte

Applicant’s Managing Director.

3. I note that leave is being sought with respect to judicial review, and no specific judicial review orders are indicated in the application. This Court is accordingly not in a position to determine if such leave is justified. Order 53 Rule 1(1) and (2) in this respect envisages the specific relief sought by a party to be indicated in an application for leave, and provides as follows:

“(1) No application for an order of mandamus, prohibition or certiorari shall be made unless leave therefor has been granted in accordance with this rule.

(2) An application for such leave as aforesaid shall be made ex parte to a judge in chambers, and shall be accompanied by a statement setting out the name and description of the applicant, the relief sought, and the grounds on which it is sought, and by affidavits verifying the facts relied on.”

4. In addition, I also note that the Applicant’s application is not supported by a statement as required by Order 53 Rule1 of the Civil Procedure Rules, and is therefore incompetently filed.

5. In the circumstances, I hereby direct and order as follows:

I.

The Applicant’s

Chamber Summons dated 12

th

October 2020, is hereby struck out for being incompetently filed.

II.

There shall be

no order as to costs.

6. Orders accordingly.

DATED AND SIGNED AT NAIROBI THIS 15

TH

DAY OF OCTOBER 2020

P. NYAMWEYA

JUDGE