Mallo & another v Nairobi City County & another [2024] KEELC 4834 (KLR)

Mallo & another v Nairobi City County & another (Environment and Planning Petition E010 of 2024) [2024] KEELC 4834 (KLR) (19 June 2024) (Ruling)

Neutral citation: [2024] KEELC 4834 (KLR)

Republic of Kenya

In the Environment and Land Court at Nairobi

Environment and Planning Petition E010 of 2024

JA Mogeni, J

June 19, 2024

Between

Benard Mallo

1st Petitioner

Pauline Anzenze

2nd Petitioner

and

Nairobi City County

1st Respondent

La Tansa Properties Limited

2nd Respondent

Ruling

1. The court is seized with the brief application for extension of interim orders. The 2nd Defendant has opposed the application but has failed to address the court why 3 weeks after coming on record there is no defence filed or pleadings responding to the application and the main suit. In the circumstances the court is left with only the application of the applicant which is not rebutted or controverted. I will therefore move to extend the interim orders and also grant prayer No. 5 of the application.

2. Further I direct that the application dated 12/04/2024 be disposed with through written submissions. The respondents are granted 7 days from the date hereof to file their responses. Upon service the applicant is granted 7 days to file their written submissions and a further affidavit if need be and serve. Upon being served the Respondents are granted 7 days to file their submissions. This being an environmental matter it is first tracked and the ruling shall be delivered on 8/07/2024.

HON. MOGENI J.JUDGE19/06/2024