Wanambisi v Paul Gicheru t/a Paul Gicheru & Co. Adv (Environment and Land Miscellaneous Application E011 of 2023) [2023] KEELC 18567 (KLR) (6 July 2023) (Ruling)
- Court
- Environment & Land Court
- Case number
- 18567
- Citation
- [2023] KEELC 18567 (KLR)
- Decided
- 6 July 2023
Summary at a glance
TypeMiscellaneous ApplicationPostureRespondent opposed, Application struck outCoramEC CHERONO
The application for reference dated April 12, 2023 is defective, an abuse of the court process, and is hereby struck out with costs to the respondent.
Facts
The applicant sought to apply for reference against the decision of the Taxing Officer, but did so after the deadline and in a different reference file.
Issues
- Defectiveness of the application for reference
- Abuse of court process
Reasoning
The applicant waited until April 12, 2023 to make the application, which was after the deadline and in a different reference file. The court found the application to be defective and an abuse of the court process.
Outcome
Application struck out
Orders
- Set aside the application for reference
Authorities cited
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