Samuel Mwatha Kang’ethe & another v Kenya Urban Roads Authority & 2 others [2019] KEELC 3106 (KLR)
- Court
- Environment & Land Court
- Case number
- 3106
- Citation
- [2019] KEELC 3106 (KLR)
- Decided
- 15 May 2019
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureAppeal from a previous civil suitCoramL. KOMINGOI
Holding
The court finds no merit in the notice of motion dated 6th November 2018 and dismisses it.
Facts
The plaintiffs/applicants brought an application within a suit against the defendants, seeking the production of road design maps.
Issues
- Whether the plaintiffs/applicants' request for the production of road design maps is timely and necessary.
- Whether the defendants should be compelled to produce the documents at this stage.
Reasoning
The court considers the plaintiffs' submissions and the replying affidavit, concluding that compelling the 1st respondent to furnish the road design map at this stage is untenable.
Outcome
The notice of motion dated 6th November 2018 is dismissed.
Orders
- The plaintiffs/applicants are not alleging any violation of rights.
- The court will have to hear the case before granting the prayer for the production of the road design map.
- The costs do abide the outcome of the main suit.
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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