[2017] KEELC 3151 (KLR)

[2017] KEELC 3151 (KLR)

The court found the Chamber Summons dated 19th March 2015 to be meritorious after considering the supporting affidavit, annexures, and the 2nd Defendant's Replying Affidavit. The application was allowed, with costs in the cause, as the applicants demonstrated sufficient grounds for the orders sought at this...

Source-derived case information.

Citation
[2017] KEELC 3151 (KLR)
Parties
Plaintiff: Martin Munoru Thiongo; Plaintiff: Gabriel Waiganjo Kungu; Plaintiff: Mary Wabene Karita; Defendant: Ann Wangui Wallace & Others
Court
Environment and Land Court
Court Station
Environment and Land Court at Nairobi
Jurisdiction
Kenya
Case Number
Environment & Land Case 718 of 2014
Procedural Posture
Chamber Summons / Ruling on Interlocutory Application
Outcome
application allowed
Judges
MM Gitumbi
Legal Topics
Estate Representatives, Interlocutory Applications
Source Language
en
Land and Property Estate Representatives Interlocutory Applications

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

Martin Munoru Thiongo

Plaintiff

Gabriel Waiganjo Kungu

Plaintiff

Mary Wabene Karita

Plaintiff

Ann Wangui Wallace & Others

Defendant

Procedural Posture

Chamber Summons / Ruling on Interlocutory Application

Legal Issues

  1. 1 Whether the Chamber Summons dated 19th March 2015 is meritorious and should be allowed.
  2. 2 Whether costs should be awarded in the cause.

Ratio Decidendi

The court found the Chamber Summons dated 19th March 2015 to be meritorious after considering the supporting affidavit, annexures, and the 2nd Defendant's Replying Affidavit. The application was allowed, with costs in the cause, as the applicants demonstrated sufficient grounds for the orders sought at this interlocutory stage. The court exercised its discretion in favour of the applicants, noting no compelling reason to deny the application based on the material presented.

Court Disposition

application allowed

Orders

  • The Chamber Summons dated 19th March 2015 is allowed.
  • Costs in the cause.