JUDGMENT OF THE COURT
This is an appeal against the Order of the superior court, Mombasa, (Khaminwa J) dated 8th August, 2003 whereby the superior court granted leave to the 1st and 2nd respondents in this appeal to file a judicial review application for three orders of prohibition and an order of mandamus and further ordered that the grant of leave do operate as a stay of several decisions of Kenya Ports Authority (KPA) in favour of Grain Bulk Handlers Limited (GBHL), the appellant herein.
The application for leave was made jointly by J. B. Maina and Co. Ltd, 1st respondent, through Deche Nandwa and Bryant Advocates and Coast Silos (K) Ltd, 2nd respondent through M/s. Balala and Co. Advocates. The applicants sought leave to apply for:
“1.An order of prohibition directed to KPA to prohibit it from any further action under and pursuant to a Licence Agreement dated 17/12/2002 charging GBHL the tariffs contained in that Agreement.
2. An order for prohibition directed to KPA prohibiting the d…