[2024] KEELC 6699 (KLR)

[2024] KEELC 6699 (KLR)

The court declined to grant prayer 3 at this stage as it is the substantive basis of the application and must be determined after full submissions. The applicant was granted leave to file a supplementary affidavit and submissions within 7 days, and the respondent was granted 14 days upon service to file their...

Source-derived case information.

Citation
[2024] KEELC 6699 (KLR)
Parties
Plaintiff: Capstone Heights Realtors Limited; Defendant: Kigwor Kenya Limited
Court
Environment and Land Court
Court Station
Environment and Land Court at Nairobi
Jurisdiction
Kenya
Case Number
Environment & Land Case E296 of 2024
Procedural Posture
Environment and Land Case / Interlocutory Application Ruling
Outcome
Interlocutory orders granted for filing of supplementary affidavit and submissions; substantive prayer 3 declined at this stage.
Judges
JA Mogeni
Legal Topics
Interlocutory Applications, Leave to File Affidavit, Supplementary Affidavit, Filing of Submissions
Source Language
en
Land and Property Interlocutory Applications Leave to File Affidavit Supplementary Affidavit Filing of Submissions

Source-derived case record

Summary, issues, holding and outcome

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Parties

Capstone Heights Realtors Limited

Plaintiff

Kigwor Kenya Limited

Defendant

Procedural Posture

Environment and Land Case / Interlocutory Application Ruling

Legal Issues

  1. 1 Whether the applicant is entitled to the grant of prayer 3 at this interlocutory stage.
  2. 2 Whether leave should be granted to the applicant to file a supplementary affidavit and submissions.
  3. 3 Whether the respondent should be granted time to file submissions in response.

Ratio Decidendi

The court declined to grant prayer 3 at this stage as it is the substantive basis of the application and must be determined after full submissions. The applicant was granted leave to file a supplementary affidavit and submissions within 7 days, and the respondent was granted 14 days upon service to file their submissions. This ensures both parties have a fair opportunity to present their cases before the court rules on the substantive prayer.

Court Disposition

Interlocutory orders granted for filing of supplementary affidavit and submissions; substantive prayer 3 declined at this stage.

Orders

  • Leave granted to the applicant to file supplementary affidavit and submissions within 7 days.
  • Respondent granted 14 days upon service to file submissions.