Shalom Grace Church (Suing through its Registered Trustees Dickson Wambugu Paul Mwangi Mutunga & Agnes Wangui Mwangi) v Kuka Investments Limited (Environment & Land Case E089 of 2022) [2023] KEELC 16274 (KLR) (16 March 2023) (Ruling)
- Court
- Environment & Land Court
- Case number
- 16274
- Citation
- [2023] KEELC 16274 (KLR)
- Decided
- 16 March 2023
Summary at a glance
TypeCivilPostureDefendant's Preliminary Objection to Plaintiff's ApplicationCoramMD MWANGI, J
The court dismissed the Preliminary Objection and allowed the application to proceed.
Facts
Shalom Grace Church filed an application against Kuka Investments Limited, seeking to enforce a court order for contempt. The Defendant raised a Preliminary Objection alleging the application was fatally defective due to procedural errors.
Issues
- Whether the application is fatally defective
- Locus standi to file the suit
- Lack of authority
Reasoning
The court found the application not fatally defective and ruled that the Plaintiffs had locus standi to file the suit. The court also held that the lack of authority was not fatal and that the court should exercise its discretion.
Outcome
Application allowed
Orders
- Application for contempt allowed to proceed
Authorities cited
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