Republic v Matra Getlink Limited, Allagate Limited & Business Premises Rent Tribunal Ex parte Uchumi Supermarkets Limited [2021] KEELC 3283 (KLR)

REPUBLIC OF KENYA

IN THE ENVIRONMENT AND LAND COURT

AT NAIROBI

MISCELLENEOUS APPLICATION  NO. 1  OF 2021

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

VERSUS

MATRA GETLINK LIMITED...................................1ST RESPONDENT

ALLAGATE LIMITED.............................................2ND RESPONDENT

BUSINESS PREMISES RENT TRIBUNAL............3RD RESPONDENT

UCHUMI SUPERMARKETS LIMITED.................................EX-PARTE

RULING

1. This is an ex-parte application for leave to bring judicial review proceedings.  The ex-parte applicant has confirmed that the Tribunal is currently seized of an application relating to the same issues as what is contained in the ex-parte application.  The Tribunal is yet to render itself on the issues.

2. In the circumstances, the application for leave is premature.  I decline to grant leave before the Tribunal renders itself on the issues.  The ex-parte applicant will be at liberty to bring a fresh application for leave

once the Tribunal renders itself on the issue(s).

3. The application dated 26/4/2021 is declined with no order as to costs.

4. The File shall be marked closed.

DATED, SIGNED AND DELIVERED AT NAIROBI ON THIS 10TH DAY OF MAY 2021.

B  M  EBOSO

JUDGE

In the Presence of: -

Mr Mungai for the Ex-parte Applicant

Mr Rotich holding brief for Mr. Naragwi for the 1st Respondent

Mr. Njuguna holding brief for Mr Rimui for the 2nd Respondent

Court Assistant:  June Nafula