Godfrey Simiyu Mujuma & 3 others v Kenya National Highways Authority & 2 others [2021] KEELC 726 (KLR)
- Court
- Environment & Land Court
- Case number
- 726
- Citation
- [2021] KEELC 726 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureAppeal from a decision to dismiss a preliminary objection and grant costs to the defendant.CoramHON. JUSTICE L.L. NAIKUNI
Holding
The court allowed the preliminary objection and granted costs to the defendant.
Facts
The plaintiffs/applicants filed a suit against the defendants, seeking costs after withdrawing the suit. The defendant argued that the plaintiffs/applicants had not complied with a mandatory procedure under the Kenya Roads Act.
Issues
- Whether the filed preliminary objection by the 1st Defendant/Respondent meets the known and established threshold of a preliminary objection.
- Whether the Plaintiffs/Applicants are entitled to be granted the orders of Costs against the 1st Defendant/Respondent after withdrawing their application and the entire suit against the Defendants.
Reasoning
The court held that the plaintiffs/applicants had not fully complied with the mandatory procedure under the Kenya Roads Act, rendering their suit fatally defective.
Outcome
The plaintiffs/applicants' suit was dismissed, and costs were awarded to the defendant.
Orders
- The notice of motion application and the suit were marked as settled and withdrawn.
- The preliminary objection by the 1st Defendant/Respondent was allowed as prayed.
- Each party to their own costs.
Authorities cited
Legislation (4)
- Civil Procedure Act
- Kenya Roads Act, 2007
- Order 11 of the Civil Procedure Rules
- Order 25 (1) of the Civil Procedure Rules
Cases cited (2)
- Mukisa Biscuits Manufacturing Co. Ltd v West End Distributors Ltd
- Attorney General & Another v Andrew Mwaura Githinji & another
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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