Precious Gardens Residents Association v Precious Heights Ltd & 4 others (Environment & Land Petition 51 of 2015) [2022] KEELC 51 (KLR) (26 May 2022) (Judgment)
- Court
- Environment & Land Court
- Case number
- 51
- Citation
- [2022] KEELC 51 (KLR)
- Decided
- 26 May 2022
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCosts DisputePostureAppeal from the Supreme Court of Baridi Felix Mbevo v Musee Mati & 2 others (2021)eKLRCoramLN MBUGUA
Holding
Each party bears their own costs of the suit.
Facts
The Petitioners are a Residents Association and owners/occupiers of housing units known as Precious Gardens. The 1st Respondent was the vendor of the housing units, and the 2nd and 3rd Respondents were the developers/financiers of the apartments.
Issues
- Costs following the event
- Resolution of the dispute at the infancy stage of the suit
Reasoning
The court exercised its discretion to direct that each party bears their own costs of the suit due to the resolution of the dispute occurring at the infancy stage of the suit and the lack of responses to the petition.
Outcome
The proceedings were terminated at an early stage.
Orders
- Full management of the estate to the owners (Petitioners)
Authorities cited
Legislation (1)
- Rule 4 of the Constitution of Kenya (Protection of Rights and Fundamental Freedoms) Practice and Procedure Rule of 2012
Cases cited (2)
- Jasbir Singh Rai & 3 others v Tarlochan Singh Rai & 4 others (2014)eKLR
- Baridi Felix Mbevo v Musee Mati & 2 others (2021)eKLR
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.
Loading judgment…