BLUESEA SHOPPING MALL LIMITED V. CITY COUNCIL OF NAIROBI, GOLDEN LIME INTERNATIONAL LIMITED, FARAH MOHAMMED BARROW & ALI SHEIKH MOHAMED

JUDGMENT OF THE COURT

1. This is an appeal by Bluesea Shipping Mall Limited, (the appellant) against the judgment of the High Court (Nyamu J, as he then was) delivered on 24th April 2009 in Judicial Review proceedings (in Misc Civil Application No.808 of 2008) at Milimani, Nairobi, instituted by the appellant as the ex parte applicant against the City Council of Nairobi (now Nairobi City County) and Golden Lime International Limited, the 1st and 2nd respondents respectively in this appeal. Messrs. Farah Mohamed Barrow and Ali Sheikh Mohamed, the 3rd and 4th respondent, respectively, were the interested parties in the High Court judicial review proceedings from which the appeal springs.

2. In the said judicial review proceedings, the appellant sought an order of certiorari to quash the decision dated 18th November 2008 made by the 1st respondent awarding a contract to the 2nd respondent to redevelop Eastleigh Market on Plot No.LR NO.36/VII/1037 and an order of mandamus to compel the 1st …