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Oil Com Kenya Limited v. Permanent Secretary Ministry of Roads & Public Works & another

(2008) JELR 94170 (CA)

Court of Appeal  •  Civil Appeal 10 of 2007  •  31 Jul 2008  •  Kenya

Coram
Philip Kiptoo Tunoi, Daniel Kennedy Sultani Aganyanya, John walter Onyango Otieno

Judgement

JUDGMENT OF THE COURT

The appellant herein Oilcom Kenya Limited, filed an application in the superior court dated 23rd October 2006 seeking leave to apply for Judicial Review orders in form of certiorari to quash the threat and decision of the respondents to demolish the appellant’s property on plot L.R. No. 17645/2 situated along Mombasa road within Mlolongo area, Mavoko Township where a petrol station had been constructed, and an order of prohibition to prohibit the Permanent Secretary Ministry of Public Works from demolishing the appellant’s said petrol station. The appellant finally sought a prayer to the effect that the grant of such leave do operate as a stay.

The application was placed before the superior court on 23rd November 2006 for hearing ex-parte but the Judge (Hon. Lady Justice Wendoh) ordered the appellant to serve it upon the other parties for hearing inter-partes. This was done and the application was heard inter-parties on 28th November 2006. The learned Judge heard a…

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