Amanzee Investments (K) Ltd & 3 others v Manuchar Kenya Ltd [2021] KEELC 1068 (KLR)
- Court
- Environment & Land Court
- Case number
- 1068
- Citation
- [2021] KEELC 1068 (KLR)
- Decided
- 9 November 2021
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureAppeal from an original trial judgmentCoramPresiding Judge
Holding
The application is granted, and the defendant is ordered to provide access to the suit premises, deliver documents, and extend the time for filing the amended defence.
Facts
The plaintiffs are Amanzee Investments (K) Ltd, Harjit Singh Mangat, and Gurmale K. Mangat. The defendant is Manuchar Kenya Ltd. The plaintiffs are seeking access to the defendant's property for inspection and the defendant is seeking to have the plaintiffs' suit against it dismissed.
Issues
- Urgency of the application
- Stay of proceedings
- Compulsory access to the suit premises
- Delivery of documents
- Extension of time for filing amended defence
Reasoning
The court found the application urgent and granted the relief sought.
Outcome
The application is granted.
Orders
- The application is certified as urgent and heard exparte.
- Proceedings in the suit are stayed until the defendant withdraws its costs.
- The 4th plaintiff is compelled to provide access to the suit premises.
- The 4th plaintiff is compelled to deliver documents.
- Time for the defendant to file and serve the amended defence is extended.
- The 1st plaintiff's suit against the defendant is struck out with costs.
Remedies
- Urgent hearing of the application
- Stay of proceedings
- Compulsory access to the suit premises
- Delivery of documents
- Extension of time for filing amended defence
Authorities cited
Legislation (2)
- Civil Procedure Act
- Civil Procedure Rules
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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