Mathew Sawe Chuma & 5 others v Kenya Fluorspar Company Limited & 4 others [2019] KEELC 1882 (KLR)
- Court
- Environment & Land Court
- Case number
- 1882
- Citation
- [2019] KEELC 1882 (KLR)
- Decided
- 7 August 2019
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeApplication to vary conservatory ordersPostureRespondent seeks to vary conservatory orders issued on 24th July, 2019CoramA. OMBWAYO
Holding
Conservatory orders and directions issued on 24th July, 2019 are hereby varied, reviewed, vacated and or set aside forthwith
Facts
Respondents filed a detailed replying affidavit on 5th April, 2019 and directions on the hearing of Notice of Motion had been given, but petitioners had not complied with them. Hearing date for 24th July 2019 was erroneously issued to petitioners ex parte.
Issues
- Conservatory orders issued on 24th July, 2019 are void ab initio
- Petitioners were denied a right to use public land
- Application to vary conservatory orders issued on 24th July, 2019
Reasoning
Petitioners had not complied with directions issued on 15th May, 2019 and the conservatory orders were issued in disregard of their response. The court finds the application merited.
Outcome
Application granted
Orders
- Directions issued on 15th May, 2019 prescribing the manner of hearing of the Notice of Motion dated 6th March, 2019 be reverted to forthwith
- Petitioners are given 10 days to file and serve their submissions, respondents to file and serve within 10 days of service
Remedies
- Varying conservatory orders and directions issued on 24th July, 2019
Authorities cited
Legislation (2)
- Practice and Procedure Rules, 2013
- Constitution of Kenya, 2010
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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