Richard Satia & Partners & another v Sichangi & 9 others (Environment & Land Case 24 of 2021) [2022] KEELC 2550 (KLR) (20 July 2022) (Ruling)
- Court
- Environment & Land Court
- Case number
- 2550
- Citation
- [2022] KEELC 2550 (KLR)
- Decided
- 20 July 2022
The court finds that the prayer for the release of the 4th Defendant from civil jail is without merit as the taxing master has already committed the defendant to civil jail. The court also finds that the prayer for enlargement of time is without merit as the delay is not reasonable and there is no prejudice to the respondents.
Facts
The Defendants have lodged an Application seeking various reliefs including the release of the 4th Defendant from civil jail, enlargement of time to file a notice of objection and a reference, and costs.
Issues
- Whether the 4th Defendant should be released from civil jail on a personal bond.
- Whether the court should enlarge time within which the Defendants can file a notice of objection and a reference against the decision of the taxing master.
- Whether the court should exercise its discretion to enlarge time as prayed for.
Reasoning
The court considers the grounds and supporting affidavits, and the respective written submissions. It determines that the taxing master has already committed the 4th Defendant to civil jail, and that the delay in filing the application is not reasonable.
Outcome
The application is dismissed.
Orders
- The prayer for the release of the 4th Defendant from civil jail is dismissed.
- The prayer for enlargement of time is dismissed.
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