[2023] KEELC 17896 (KLR)

[2023] KEELC 17896 (KLR)

The court found that the applications dated 28th July 2022 and 6th February 2023 were unmerited and therefore dismissed them. The court further held that the Notice of Motion application dated 11th November 2022 was merited and allowed it in terms of prayers 1 and 2. The court also directed that the orders issued in...

Source-derived case information.

Citation
[2023] KEELC 17896 (KLR)
Parties
Applicant: Njeru Nyaga & Co Advocates; Respondent: Thome V Residents Welfare Association
Court
Environment and Land Court
Court Station
Environment and Land Court at Nairobi
Jurisdiction
Kenya
Case Number
Environment & Land Miscellaneous Case E038 of 2021
Procedural Posture
Miscellaneous Application / Ruling
Outcome
Applications dated 28th July 2022 and 6th February 2023 dismissed; Notice of Motion dated 11th November 2022 allowed in terms of prayers 1 and 2; no order as to costs.
Judges
EK Wabwoto
Legal Topics
Advocate Client Costs, Miscellaneous Applications, Enforcement of Orders
Source Language
en
Civil Procedure Land and Property Advocate Client Costs Miscellaneous Applications Enforcement of Orders

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Summary, issues, holding and outcome

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Parties

Njeru Nyaga & Co Advocates

Applicant

Thome V Residents Welfare Association

Respondent

Procedural Posture

Miscellaneous Application / Ruling

Legal Issues

  1. 1 Whether the applications dated 28th July 2022 and 6th February 2023 have merit and should be allowed or dismissed.
  2. 2 Whether the Notice of Motion application dated 11th November 2022 should be allowed in terms of prayers 1 and 2.
  3. 3 Whether the orders issued in ELC Misc No. E037 of 2021 are applicable to this matter.

Ratio Decidendi

The court found that the applications dated 28th July 2022 and 6th February 2023 were unmerited and therefore dismissed them. The court further held that the Notice of Motion application dated 11th November 2022 was merited and allowed it in terms of prayers 1 and 2. The court also directed that the orders issued in ELC Misc No. E037 of 2021 would apply to this matter, thereby ensuring consistency in the handling of related applications between the same parties. No order as to costs was made for the dismissed applications.

Court Disposition

Applications dated 28th July 2022 and 6th February 2023 dismissed; Notice of Motion dated 11th November 2022 allowed in terms of prayers 1 and 2; no order as to costs.

Orders

  • The applications dated 28th July 2022 and 6th February 2023 are dismissed with no order as to costs.
  • The Notice of Motion application dated 11th November 2022 is allowed in terms of prayers 1 and 2.