Republic v National Environment Management Authority Ex parte Erdermann Property Ltd; National Environment Tribunal & 4 others (Interested Parties) [2021] KEELC 3974 (KLR)

Facts

The 2nd Interested Party/Applicant sought to set aside the Notice of Motion and the interlocutory Orders issued on 12th September, 2019, and filed a substantive Judicial Review Application.

Issues

1. Whether the Notice of Motion and interlocutory Orders should be struck out
2. Who is entitled to costs

Reasoning

The Notice of Motion became void by operation of the law as it was filed without the leave of the court and outside the requisite period of 21 days.

Outcome

The Notice of Motion is struck out with no order as to costs.