[2021] KEELC 1791 (KLR)
The court found that the application dated 10.6.2021 was duly served and remained unopposed. In the absence of any opposition or compelling reason to the contrary, the court exercised its discretion to vacate the orders issued on 8.6.2021. The court further directed that the earlier application dated 26.1.2021 be...
Source-derived case information.
- Citation
- [2021] KEELC 1791 (KLR)
- Parties
- Plaintiff: Rachel Njoki Ng'ang'a; Plaintiff: Nancy Wamboi; Defendant: John Mwaura
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 1322 of 2014
- Procedural Posture
- Miscellaneous Application / Ruling on Unopposed Application to Vacate Previous Orders
- Outcome
- Application allowed. Orders of 8.6.2021 vacated. Application dated 26.1.2021 to be listed for hearing. No order as to costs.
- Legal Topics
- Vacation of Orders, Interlocutory Applications
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Rachel Njoki Ng'ang'a
Plaintiff
Nancy Wamboi
Plaintiff
John Mwaura
Defendant
Procedural Posture
Miscellaneous Application / Ruling on Unopposed Application to Vacate Previous Orders
Legal Issues
- 1 Whether the unopposed application dated 10.6.2021 should be granted and the orders of 8.6.2021 vacated.
Ratio Decidendi
The court found that the application dated 10.6.2021 was duly served and remained unopposed. In the absence of any opposition or compelling reason to the contrary, the court exercised its discretion to vacate the orders issued on 8.6.2021. The court further directed that the earlier application dated 26.1.2021 be set down for hearing on a specified date. No order as to costs was made.
Court Disposition
Application allowed. Orders of 8.6.2021 vacated. Application dated 26.1.2021 to be listed for hearing. No order as to costs.
Orders
- Orders given on 8.6.2021 are hereby vacated.
- Application dated 26.1.2021 to be listed for hearing on 27.10.2021.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT
AT NAIROBI
ELC. CASE NO. 1322 OF 2014
RACHEL NJOKI NG’ANG’A....1ST PLAINTIFF/APPLICANT
NANCY WAMBOI......................2ND PLAINTIFF/APPLICANT
- VERSUS -
JOHN MWAURA........................DEFENDANT/ RESPONDENT
RULING
1. I have perused the application dated 10. 6.2021 which was served. The same is unopposed. As such, the orders given on 8. 6.2021 are hereby vacated with no orders as to costs. Such that the application dated 26. 1.2021 is to be listed down for hearing on 27. 10. 2021.
2. Date to be served.
DATED, SIGNED AND DELIVERED AT NAIROBI THIS 22ND DAY OF SEPTEMBER, 2021
HON. LUCY N. MBUGUA
ELC JUDGE