Republic v National Environment Management Authority & 2 others exparte Greenhills Investment Limited & 2 others [2005] KEHC 2559 (KLR)
- Court
- High Court of Kenya
- Case number
- 2559
- Citation
- [2005] KEHC 2559 (KLR)
- Decided
- 23 May 2005
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeMiscellaneous ApplicationPostureApplication for Orders of Prohibition, Certiorari and MandamusCoramJ G Nyamu
Holding
The objections are disallowed with costs to the applicant. The application is set down for hearing on merit.
Facts
The applicants, Greenhills Investments Limited, Market Masters Limited and Sugar Candy Limited, sought orders of prohibition, certiorari and mandamus against the National Environment Management Authority, Public Complaints Committee and the City Council of Nairobi.
Issues
- The objections raised in the application regarding the affidavits sworn by Mr. Mwenesi.
- The state of the court record and the deponent's authority to speak on such matters.
Reasoning
The court found that the affidavits relate to the court record and are within the knowledge of an advocate. The objections are not sustained.
Outcome
Application Dismissed
Orders
- Application to be set down for hearing on merit.
Authorities cited
Legislation (2)
- Environmental Management and Coordination Act of 1999
- Local Government Act, Cap 265, Laws of Kenya
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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