Said & 3 others v Mzungu & 20 others (Environment & Land Case 180 of 2021) [2024] KEELC 4883 (KLR) (24 June 2024) (Ruling)
- Court
- Environment & Land Court
- Case number
- 4883
- Citation
- [2024] KEELC 4883 (KLR)
- Decided
- 24 June 2024
The court declared itself functus officio and reviewed and set aside any further directions, proceedings, and orders issued post the dismissal of the suit on 24th November 2022.
Facts
The Plaintiffs filed an application seeking to declare the court functus officio and review or set aside any further directions, proceedings, and orders issued post the dismissal of the suit on 24th November 2022. The court had previously recorded a consent judgment between the Plaintiffs and Defendants.
Issues
- Whether the application is merited
- Whether the court has discharged its duties and is functus officio
Reasoning
The court ruled that the consent judgment was perfected and that the court had performed all its duties in the matter, thus declaring itself functus officio.
Outcome
The court declared itself functus officio and set aside any further directions, proceedings, and orders issued post the dismissal of the suit.
Orders
- Declared functus officio
Authorities cited
Legislation (3)
- Environment and Land Court Act
- Civil Procedure Act
- Civil Procedure Rules 2010
Cases cited (2)
- Telkom Kenya limited v John Ochanda
- Jersey Evening Post Limited v A1 Thani
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