Case ID:168786

Republic v Jonah H Kariuki t/a Moran Auctioneers & 2 others; Exparte Applicants: Symon Thuo Gachahi Muhia [2020] eKLR

Case Metadata

Case Number:

Judicial Review Miscellaneous Application E076 of 2020

Parties:

Republic v Jonah H Kariuki t/a Moran Auctioneers, Verity Management Ltd & Chief Magistrate 's Court Milimani Commercial Law Courts; Exparte Applicants: Symon Thuo Gachahi Muhia

Date Delivered:

21 Dec 2020

Case Class:

Civil

Court:

High Court at Nairobi (Milimani Law Courts)

Case Action:

Ruling

Judge(s):

Pauline Nyamweya

Citation:

Republic v Jonah H Kariuki t/a Moran Auctioneers & 2 others; Exparte Applicants: Symon Thuo Gachahi Muhia [2020] eKLR

Court Division:

Judicial Review

County:

Nairobi

Case Outcome:

Application allowed

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 MISC. APPLICATION NO. MISC E076 OF 2020

BETWEEN

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

VERSUS

JONAH H KARIUKI T

/A

MORAN AUCTIONEERS......................................................

1

ST

RESPONDENT

VERITY MANAGEMENT LTD.........................................................................................

2ND

RESPONDENT

CHIEF MAGISTRATE 'S COURT MILIMANI COMMERCIAL L

AW COURTS ......3RD

RESPONDENT

EXPARTE APPLICANTS: SYMON THUO GACHAHI MUHIA

RULING

1. The

ex parte

Applicant herein has filed an application by way of a Chamber Summons dated 14

th

December 2020 seeking the following orders:

1. That this matter be certified urgent

2. That the leave be granted for the applicant to apply for:

a. An order of judicial review of certiorari to remove into this Court

and quash as against the applicant herein the proceedings of the Chief

Magistrate's Court in Misc Case Number E2971 of 2020 .

b. An order of judicial review of prohibition directed towards the respondent prohibiting them from illegally and unprocedurally attaching, levying distress

or removing the

ex parte

Applicant's items from his offices pending the hearing

and determination of the matter in the Business Premises Rent Tribunal.

c. An order for judicial Review of prohibition, prohibiting the 1

st

– 3

rd

Respondents

from evicting, harassing, limiting or denying the ex parte applicant access to

his offices located in Soin Arcade building pending the hearing and

determination of this matter.

d. That the leave so granted to operate as a stay of the proceedings in E2971/2020, against the applicant herein, pending before the Chief Magistrate

Milimani Commercial Court.

e. That the cost of this application be provided for.

2. The application is supported by a statutory statement and an affidavit sworn on 14

th

December 2020 by the

ex parte

Applicant.

3. It is evident that the

ex parte

Applicant is seeking orders in relation to the use and occupation of his business premises arising out of a rent dispute with his landlord. of land, and environmental impacts thereof in the said application. Any disputes and orders sought in relation to title, use and occupation of land, including between landlords and tenants now fall within the exclusive and supervisory jurisdiction of the Environment and Land Court, pursuant to Articles 162(2) (b) and 165(5) of the Constitution, and section 13 of the Environment and Land Court Act. This Court therefore has no jurisdiction to hear and determine the

ex parte

Applicant’s Chamber Summons dated 14

th

December 2020.

The Orders

4. In the premise I direct and order that this suit be and is hereby transferred to the Environment and Land Court at Nairobi for further hearing and determination. The

ex parte

Applicants’ Chamber Summons dated 14

th

December 2020 shall accordingly be placed before the

Duty Judge

at the

Environment and Land Court at Nairobi

on

30

th

December

2020

, for directions.

5. The Deputy Registrar of this Court shall send a copy of this ruling by electronic mail to the

ex parte

Applicant, and to the Deputy Registrar of the Environment and Land Court at Nairobi, by close of business on 23

rd

December 2020.

6. Orders accordingly.

DATED AND SIGNED AT NAIROBI THIS 21

ST

DAY OF DECEMBER 2020

P. NYAMWEYA

JUDGE