JOHN MUGO NGUNGA V. MARGARET M. MURANGI
(2014) JELR 104383 (CA)
Court of Appeal
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Civil Appeal 30 of 2013
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23 Jun 2014
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Kenya
Coram
Alnashir Ramazanali Magan Visram, Martha Karambu Koome, James Otieno Odek
Judgement
<p class="ql-align-center">JUDGMENT OF THE COURT</p><p>[1] This is an appeal from the ruling of the High Court in Embu Karanja J., <em>(as she then was),</em> in <em>Misc. App. No. 15 of 2008 (JR),</em> dated the 27<sup>th</sup> April, 2010. In that ruling the Judge dismissed the application by way of Judicial Review in which the applicant <em>(now the appellant)</em> had applied to quash the decision or order by the Chairman of the Business Premises Rent Tribunal sitting in Embu on the 3<sup>rd</sup> March, 2008, in <em>Embu BPRT No. 4 of 2008</em>. The facts of the matter were largely not in dispute. Upon being granted leave on the 5<sup>th</sup> March, 2008, to institute Judicial Review proceedings to quash the aforesaid order, the appellant filed a Notice of Motion under <em>Order L111 Rule 3</em> of The <em>Civil Procedure Rules</em>. He sought for an order of certiorari to quash the aforesaid order.</p><p>[2] In the grounds supporting the application, the statement of facts and the verifying affidavit by the appellant he averred that he was the owner of plot No. 106 Kagio Market which was leased out to t…</p>