Abdul Kadir Mohamed t/a Arabian Delights Restaurant v Bashir Haji [2018] KEELC 2162 (KLR)

REPUBLIC OF KENYA

IN THE ENVIRONMENT AND LAND COURT AT NAROK

JUDICIAL REVIEW NO. 2 OF 2018

ABDUL KADIR MOHAMED T/A ARABIAN

DELIGHTS RESTAURANT...........PLAINTIFF

-VERSUS-

BASHIR HAJI.............................DEFENDANT

RULING

The Exparte Applicant had filed a Judicial Review Application dated 20th June, 2018 seeking leave of the court to commence Judicial Review Proceedings against the Respondent and upon hearing the Application exparte in the first instance the court granted leave for the Applicant to commence Judicial Review proceedings against the Respondent but in the same application the court declined to allow the grant of the said leave to operate as a stay of proceeding.

The Business Premises Rent Tribunal in the hearing and determination of BPRT Case No. 15 of 2018 pending the haring of the substantive Judicial Review Application.

On the 29th June, 2018 the court directed that the application be served upon the Respondent and the limb of the orders sought for leave to operate as a stay in the chamber summons dated 20th June, 2018 be heard Interparties on 12th July, 2018 and on the said date the Applicant appeared alone.  The court having satisfied itself that there was proper service on the Respondent by way of Affidavit of Service that was on record directed that the application do proceed.

From the foregoing and in view of the fact the application remains unchallenged despite service on the Respondent.  I do order and grant the application as prayed in terms of prayers 2, 3, 4 and 5 of the Chamber Summons dated 20th June, 2018.

DATED, SIGNED and DELIVERED in open court atNAROKon this31stday ofJuly, 2018

Mohammed Noor Kullow

Judge

31/7/18

In the presence of:-

Mr Kambo holding brief for Nyangau for exparte applicant

N/A for the respondent

CA:Chuma

Mohammed Noor Kullow

Judge

31/7/18