Case Metadata |
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| Case Number: | Environment and Land Petition 7 of 2018 |
|---|---|
| Parties: | Esther Chesang’ Bargochut v Kurgat Arap Birir & 13 others |
| Date Delivered: | 26 Oct 2018 |
| Case Class: | Civil |
| Court: | Environment and Land Court at Narok |
| Case Action: | Ruling |
| Judge(s): | Mohammed Noor Kullow |
| Citation: | Esther Chesang’ Bargochut v Kurgat Arap Birir & 13 others [2018] eKLR |
| Advocates: | Ms Saika for Maritim for the Petitioner Malozi for the 11th to 14th Respondents |
| Court Division: | Environment and Land |
| County: | Narok |
| Advocates: | Ms Saika for Maritim for the Petitioner Malozi for the 11th to 14th Respondents |
| History Advocates: | Both Parties Represented |
| Case Outcome: | Suit allowed |
| Disclaimer: | The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information |
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT NAROK
ELC PET NO. 7 OF 2018
ESTHER CHESANG’ BARGOCHUT...................................PETITIONER
VERSUS
KURGAT ARAP BIRIR & 13 OTHERS..........................RESPONDENTS
RULING
The Application before me is the Applicant’s Notice of Motion dated 28th June, 2018 seeking the court to set aside the proceedings of 2nd May, 2018 and the consent order entered in by the Petitioner and the Respondents.
Having read the Application before me, I find that the withdrawal of the instant Application was made after the advocate on record withdrew the petition on the grounds that the issues raised there in could adequately be litigated as an ordinary suit.
Having considered the Application and in the interest of justice and the overriding principles as relates to access to justice I am convinced that this is an Application in which I should exercise my discretion and consequently I will set aside the orders made by the court on 2nd May, 2018 and accordingly reinstitute the Petitioner’s Petition and order that the parties to have the same listed for hearing accordingly.
DATED, SIGNED and DELIVERED in open court at NAROK on this 26th day of October, 2018.
Mohamed N. Kullow
Judge
26/10/18
In the presence of:
Ms Saika for Maritim for the Petitioner
Ms Kerubo holding brief for Malozi for the 11th to 14th Respondents
CA:Chuma
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