Registered Trustees of Christ Co-Workers Fellowship v Dianga & 2 others (Environment & Land Case 1540 of 2013) [2025] KEELC 3742 (KLR) (12 May 2025) (Ruling)
- Court
- Environment & Land Court
- Case number
- 3742
- Citation
- [2025] KEELC 3742 (KLR)
- Decided
- 12 May 2025
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeReview ApplicationPostureApplication for review of orders made on 25/01/2022CoramMOGENI, Kneller, MOGENI, Mativo, Nyarangi
Holding
The Court reviews and sets aside its orders of 25/01/2022, and the matter is set down for hearing on priority basis.
Facts
The 1st Defendant seeks to review and set aside orders made on 25/01/2022, which stayed the proceedings in this case until the determination of ELC 1453 of 2007. The 1st Defendant claims that the suit pertained to different parties and subject matter.
Issues
- Whether the 1st Defendant has made a good case for review and setting aside the orders issued by the Court on 25/01/2022.
- Whether the 1st Defendant has met the grounds set out under Order 45 Rule 1 of the Civil Procedure Rules.
Reasoning
The Court considers that the 1st Defendant has not met the grounds set out under Order 45 Rule 1 of the Civil Procedure Rules, and the 1st Defendant has not made a good case for review.
Outcome
The Court reviews and sets aside its orders of 25/01/2022, and the matter is set down for hearing on priority basis.
Orders
- The Court reviews and sets aside its orders of 25/01/2022 staying the instant suit.
- The matter shall be set down for hearing on priority basis.
- The costs of the Application shall be in the cause.
Remedies
- The Court reviews and sets aside its orders of 25/01/2022, and the matter is set down for hearing on priority basis.
Authorities cited
Legislation (2)
- Civil Procedure Act
- Civil Procedure Rules
Cases cited (1)
- Kenya Power and Lighting Company Ltd vs Isaac Gachagua & 4 Others
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.
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