Jeremiah Gitau & 2 others v Boniface David Chege & 33 others [2017] KEELC 41 (KLR)
- Court
- Environment & Land Court
- Case number
- 41
- Citation
- [2017] KEELC 41 (KLR)
- Decided
- 28 June 2017
The court denied the application on procedural grounds, noting that the further affidavit did not introduce new material and was purely superfluous.
Facts
The case was initially filed under Certificate of Urgency on August 31, 2016, and later transferred to the Nyahururu Environment and Land Court. The matter was placed before Justice Sila Munyao, who issued ex-parte orders. The court granted the Respondents 30 days to respond and scheduled a mention date for further directions. The hearing was initially scheduled for March 9, 2017, but no response was received from the Applicants/Respondents.
Issues
- Procedural issues regarding the filing of a further affidavit
- Respondents' failure to respond to the application and petition
Reasoning
The court ruled that the Applicants/Respondents did not seek leave to file the further affidavit and that the affidavit did not introduce new material. The court also noted the Respondents' failure to respond to the application and petition.
Outcome
Denied
Orders
- The court denied the application on procedural grounds
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