Peter Okoth Gumo and 14 others v Jokodhul Group & 2 others [2021] KEELC 33 (KLR)
- Court
- Environment & Land Court
- Case number
- 33
- Citation
- [2021] KEELC 33 (KLR)
- Decided
- 15 December 2021
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeApplicationPostureApplication to stay execution of court's rulingCoramG.M.A ONG’ONDO
Holding
The Notice of Motion is incompetent and is hereby struck out with costs to the respondents.
Facts
The applicants filed an originating summons ex-parte and a Notice of Motion on December 1, 2021, seeking a stay of execution of the court's ruling from October 27, 2021.
Issues
- Incompetence of the Notice of Motion
- Failure to comply with mandatory procedures
- Lack of transparency and accountability
Reasoning
The court found the Notice of Motion to be incompetent due to non-compliance with mandatory procedures and lack of transparency and accountability, as per Article 10(2) and Article 159(2)(d) of the Constitution of Kenya 2010.
Outcome
The Notice of Motion is struck out with costs to the respondents.
Orders
- The applicants' originating summons Ex-parte dated 14/12/2020 and filed in court and on 15/12/2020 together with Notice of Motion of even date were dismissed with costs to the respondents.
- The Notice of Motion dated 1st December 2021 is struck out with costs to the respondents.
Authorities cited
Legislation (2)
- Civil Procedure Rules 2010
- 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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