Mathenge & another v Belle Holdings Limited & 2 others (Environment and Land Case 74 of 2021) [2025] KEELC 8605 (KLR) (10 December 2025) (Ruling)

Mathenge & another v Belle Holdings Limited & 2 others (Environment and Land Case 74 of 2021) [2025] KEELC 8605 (KLR) (10 December 2025) (Ruling)

Plaintiffs were properly served with bill of costs and notice of taxation, failed to oppose or attend taxation, no reasonable basis for extension of time or stay of execution, and applications lacked merit.

Citation
[2025] KEELC 8605 (KLR)
Parties
Plaintiff: Dominic Mureithi Mathenge; Plaintiff: Priscilla Wangeci Njoroge; Defendant: Belle Holdings Limited; Defendant: Wireless Cell Connect Limited; Defendant: Balala & Abed Advocates
Court
Environment and Land Court
Jurisdiction
Kenya
Judgment Date
10 December 2025
Case Number
Environment and Land Case 74 of 2021
Procedural Posture
Chamber Summons and Notices of Motion / Ruling on Interlocutory Applications
Outcome
applications dismissed
Legal Topics
Stay of Execution, Taxation of Costs, Extension of Time, Service of Process
Source Language
English
Civil Procedure Costs and Taxation Land Law Stay of Execution Taxation of Costs Extension of Time Service of Process

Case Brief

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Parties

Dominic Mureithi Mathenge

Plaintiff

Priscilla Wangeci Njoroge

Plaintiff

Belle Holdings Limited

Defendant

Wireless Cell Connect Limited

Defendant

Balala & Abed Advocates

Defendant

Procedural Posture

Chamber Summons and Notices of Motion / Ruling on Interlocutory Applications

Legal Issues

  1. 1 Whether plaintiffs met threshold for stay of execution pending reference or appeal
  2. 2 Whether plaintiffs justified extension of time to issue notice of objection to taxing master
  3. 3 Who bears costs of the applications

Ratio Decidendi

Plaintiffs were properly served with bill of costs and notice of taxation, failed to oppose or attend taxation, no reasonable basis for extension of time or stay of execution, and applications lacked merit.

Court Disposition

applications dismissed

Orders

  • Plaintiffs' chamber summons and three notices of motion dismissed.
  • Plaintiffs to bear defendants' costs in the four applications.