Simon Wambugu v Machakos County Government &another; [2018] KEELC 3352 (KLR)
- Court
- Environment & Land Court
- Case number
- 3352
- Citation
- [2018] KEELC 3352 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeConstitutional PetitionPosture1st Respondent seeks to set aside orders and have Petitioner's application heard afreshCoramS. OKONG’O
Holding
The orders issued on 19th October, 2015 are set aside. The Petitioner's application dated 22nd September, 2015 shall be heard afresh in the Environment and Land Court at Machakos.
Facts
The 1st Respondent was not aware that the case had been transferred from the High Court at Machakos to the Environment and Land Court at Milimani, Nairobi. The 1st Respondent filed a replying affidavit in the High Court at Machakos on 16th October, 2015.
Issues
- Setting aside orders
- Hearing of Petitioner's application afresh
Reasoning
The 1st Respondent was not informed of the transfer and its advocate's failure to attend court was due to lack of communication.
Outcome
The application is allowed.
Orders
- Orders issued on 19th October, 2015 are set aside
- Petitioner's application dated 22nd September, 2015 shall be heard afresh in the Environment and Land Court at Machakos
- Status quo maintained for 60 days pending hearing
- File returned to the Environment and Land Court at Machakos for further action
- Costs to be in the cause
Remedies
- Hearing of Petitioner's application afresh in the Environment and Land Court at Machakos
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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