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Tarcasio Nyaga Gichuki & 5 others (Suing on behalf and as Officials of Mathari Villagers Self Help Project’s Membership) v Registered Trustees Catholic Archdiocese of Nyeri [2016] KEELC 372 (KLR)

[2016] KEELC 372 (KLR) Environment & Land Court
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Court
Environment & Land Court
Case number
372
Citation
[2016] KEELC 372 (KLR)
Beta Machine-generated summary. Automatically produced by AI from the judgment text — it may be incomplete or inaccurate. Always verify against the full judgment below. Not legal advice.

Summary at a glance

TypeCivilPostureApplication for certification of urgency and stay of proceedingsCoramL N WAITHAKA
The application is dismissed with costs, and the applicants are ordered to pay the respondent's throw-away costs of Kshs. 10,000 within 21 days from the date of this ruling.

Facts

The applicants sought orders that the application be certified urgent and that the proceedings of 29th June 2015 be varied, set aside, or stayed. The applicant's counsel was present at the hearing on 29th June 2015, and the court allowed the matter to proceed in his absence.

Issues

  • Certification of urgency for the application
  • Stay of proceedings of 29th June 2015

Reasoning

The court found that the applicant's counsel was present at the hearing on 29th June 2015 and had sent an advocate to hold his brief, thus negating his argument that he was unaware of the hearing date.

Outcome

Dismissed

Orders

  • Order to pay throw-away costs of Kshs. 10,000 within 21 days from the date of this ruling
⚠ This summary is experimental and generated by a language model, not a lawyer. It can contain errors, omissions, or misinterpretations and must not be relied on for legal decisions. The authoritative source is the full judgment. Please confirm every point against the original before use.
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