[2024] KEELC 4834 (KLR)
The court found that since the respondents, particularly the 2nd respondent, had failed to file any defence or pleadings in response to the application or the main suit, the application for extension of interim orders stood unopposed and uncontroverted. In such circumstances, the court was left with only the...
Source-derived case information.
- Citation
- [2024] KEELC 4834 (KLR)
- Parties
- Applicant: Benard Mallo; Applicant: Pauline Anzenze; Respondent: Nairobi City County; Respondent: La Tansa Properties Limited
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Environment and Planning Petition E010 of 2024
- Procedural Posture
- Environment and Planning Petition / Ruling on Application for Extension of Interim Orders
- Outcome
- Interim orders extended; prayer No. 5 of the application granted; directions for disposal of application by written submissions issued.
- Judges
- JA Mogeni
- Legal Topics
- Interim Orders, Extension of Orders, Written Submissions, Case Management
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Benard Mallo
Applicant
Pauline Anzenze
Applicant
Nairobi City County
Respondent
La Tansa Properties Limited
Respondent
Procedural Posture
Environment and Planning Petition / Ruling on Application for Extension of Interim Orders
Legal Issues
- 1 Whether the interim orders previously granted should be extended pending hearing and determination of the application.
- 2 Whether the respondents' failure to file a defence or pleadings affects the disposition of the application.
Ratio Decidendi
The court found that since the respondents, particularly the 2nd respondent, had failed to file any defence or pleadings in response to the application or the main suit, the application for extension of interim orders stood unopposed and uncontroverted. In such circumstances, the court was left with only the applicant's case and, being satisfied that a prima facie case had been made, granted the extension of interim orders and allowed prayer No. 5 of the application. The court further directed that the application dated 12/04/2024 be disposed of by way of written submissions, setting strict timelines for filing and service to ensure expeditious disposal, in line with the fast-tracking of...
Court Disposition
Interim orders extended; prayer No. 5 of the application granted; directions for disposal of application by written submissions issued.
Orders
- Interim orders previously granted are extended.
- Prayer No. 5 of the application is granted.
Full Case Text
Judgment text and source record
21 paragraphs
Mallo & another v Nairobi City County & another (Environment and Planning Petition E010 of 2024) [2024] KEELC 4834 (KLR) (19 June 2024) (Ruling)
Neutral citation: [2024] KEELC 4834 (KLR)
Republic of Kenya
In the Environment and Land Court at Nairobi
Environment and Planning Petition E010 of 2024
JA Mogeni, J
June 19, 2024
Between
Benard Mallo
1st Petitioner
Pauline Anzenze
2nd Petitioner
and
Nairobi City County
1st Respondent
La Tansa Properties Limited
2nd Respondent
Ruling
1. The court is seized with the brief application for extension of interim orders. The 2nd Defendant has opposed the application but has failed to address the court why 3 weeks after coming on record there is no defence filed or pleadings responding to the application and the main suit. In the circumstances the court is left with only the application of the applicant which is not rebutted or controverted. I will therefore move to extend the interim orders and also grant prayer No. 5 of the application.
2. Further I direct that the application dated 12/04/2024 be disposed with through written submissions. The respondents are granted 7 days from the date hereof to file their responses. Upon service the applicant is granted 7 days to file their written submissions and a further affidavit if need be and serve. Upon being served the Respondents are granted 7 days to file their submissions. This being an environmental matter it is first tracked and the ruling shall be delivered on 8/07/2024.
HON. MOGENI J.JUDGE19/06/2024