Case ID:168599

Republic v Muholi Senior Resident Magistrate & another; Lucmi (E.A) Limited (Interested Party); China Road & Bridge Corporation (K) Limited (Ex Parte) [2020] eKLR

Case Metadata

Case Number:

Environment and Land Judicial Review Application E011 of 2020

Parties:

Republic v Muholi Senior Resident Magistrate & Chief Magistrate’s Court Nairobi Milimani Commercial Court; Lucmi (E.A) Limited (Interested Party); China Road & Bridge Corporation (K) Limited (Ex Parte )

Date Delivered:

17 Dec 2020

Case Class:

Civil

Court:

Environment and Land Court at Nairobi

Case Action:

Directions

Judge(s):

Loice Chepkemoi Komingoi

Citation:

Republic v Muholi Senior Resident Magistrate & another; Lucmi (E.A) Limited (Interested Party); China Road & Bridge Corporation (K) Limited (Ex Parte) [2020] eKLR

Advocates:

Dr. Ndegwa for the Applicant

Mr. Osundwa for the Interested Party

Court Division:

Environment and Land

County:

Nairobi

Advocates:

Dr. Ndegwa for the Applicant

Mr. Osundwa for the Interested Party

History Advocates:

Both Parties Represented

Case Outcome:

Direction ordered

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 ENVIRONMENT AND LAND COURT

AT NAIROBI

ELC JUDICIAL REVIEW APPLICATION NO E011 OF 2020

REPUBLIC..................................................................................................APPLICANT

VERSUS

HON. MUHOLI SENIOR RESIDENT MAGISTRATE..............1

ST

RESPONDENT

CHIEF MAGISTRATE’S COURT NAIROBI

MILIMANI COMMERCIAL COURT.........................................2

ND

RESPONDENT

LUCMI (E.A) LIMITED...........................................................INTERESTED PARTY

EX PARTE..................CHINA ROAD & BRIDGE CORPORATION (K) LIMITED

DIRECTIONS

1.

I have considered the chamber summons dated 19

th

October 2020 and the verifying affidavit. I have also considered the preliminary objection and the grounds of opposition together with the oral submissions of counsel. I note that the grounds in the preliminary objection should be raised once the substantive motion has been filed.

2.

I hereby grant the following directions:-

(a) That leave is hereby granted in the circumstances.

(b) That the leave granted do operate as a stay pending the hearing of the substantive motion.

(c) That the Ex parte Applicant do file substantive motion within twenty-one (21) days from the date hereof.

(d) That costs be in the cause

It is so ordered.

Dated, signed and delivered in Nairobi on this 17

th

day of December 2020.

.........................

L. KOMINGOI

JUDGE

In the presence of:-

Mr. A. Masila for Dr. Ndegwa for the Applicant

No appearance for the Respondents

Mrs. Keah for Mr. Osundwa for the Interested Party

Kajuju - Court Assistant