Case law
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Division and case type: Environment and Land CourtCivil Suit
…where it was held that where an application has been overtaken by events, issuance of the orders sought therein would be tantamount to issuing orders in vain.…
…Counsel submitted that the orders being sought by the Interested Party herein cannot issue in a vacuum, that the instant application has been overtaken by events.…
Division and case type: Environment and Land CourtCivil Suit
…Mireri Advocates and stated that as Miss Mireri was no longer on record, thus the application had been overtaken by events. 3. …
…Mireri’s involvement in the matter was challenged having acted previously for the Applicant herein, the matter was not overtaken by events. 4. …
Division and case type: Environment and Land CourtCivil Suit
…However, the electricity pole was repositioned by the defendant around October 2021 and the present suit is overtaken by events. 9.…
…The plaintiff submitted that the prayer for a mandatory injunction had been overtaken by events.…
Division and case type: High Court CivilCivil Suit
…by events and cannot now be granted.…
…The first issue is whether the Notice of Motion dated 06th May 2026 has been overtaken by events. 13. The Respondents contend that the Notice of Motion has been overtaken by events.…
Division and case type: Environment and Land CourtCivil Suit
…by events.…
…He however stated in his testimony that his counterclaim is overtaken by events in view of the revocation by the High Court. That is the correct position. The Defendant prayed for costs.…
Division and case type: Environment and Land CourtCivil Suit
…Given my appointment to the Court of Appeal, it is apparent to me that this application has now been overtaken by events.…
…For the above reasons, the application is declared to have been overtaken by events and it is pointless to make a substantive decision on it. 5. It is struck out for reason that it is now moot. 6.…
Division and case type: High Court CivilCivil Suit
…It was further submitted that the interim orders sought had therefore been overtaken by events and there was nothing else to protect.…
…The application herein has evidently been overtaken by events. 18. Nevertheless, the completion of the works does not extinguish any contractual or monetary claims that may have arisen between the parties.…
Division and case type: Environment and Land CourtCivil Suit
…Counsel relied on Order 42, Rule 6 of the Civil Procedure Rules and the case of Butt vs Rent Restriction Tribunal [1979] eKLR and submitted that the application before court has been overtaken by events as the orders sought…
…The assertion by the respondent that the decree has already been executed is not controverted, meaning that the application for stay of execution has been overtaken by events.” 22.…
Division and case type: High Court CivilCivil Suit
…It was further submitted that the interim orders sought had therefore been overtaken by events and there was nothing else to protect.…
…The application herein has evidently been overtaken by events. 18. Nevertheless, the completion of the works does not extinguish any contractual or monetary claims that may have arisen between the parties.…
Division and case type: Environment and Land CourtCivil Suit
…That therefore, the instant application has been overtaken by events thus, the same ought to be dismissed with costs.…
…That furthermore, the application has been overtaken by events as the subject decree has substantially been executed.…
Division and case type: Environment and Land CourtCivil Suit
…The record does not indicate that the Application dated 04.11.2024 was withdrawn but actually the same has been overtaken by events hence needs no determination.…
…Washe and the learned Judge having proceeded on transfer to another station, the Application dated 04.11.2024 is thus deemed to have been overtaken by events and the same is formally marked as overtaken by events for record…
Division and case type: Environment and Land CourtCivil Suit
…by events. 4.…
…It was averred that inquiry as to compensation had been undertaken in which the plaintiff participated hence the plaintiff’s claim had been overtaken by events.…
Division and case type: Environment and Land CourtCivil Suit
…RULING The application dated 11.06.2025 is hereby withdrawn as the same has overtaken by events. There will be no costs on this application. IN THE PRESENCE OF; Court Assistant: Brian Plaintiff: Mr.…
Division and case type: High Court CivilCivil Suit
…If the auction sought to be stopped was to take place on 10 July 2025, then the application, then the urgency has been overtaken by events.…
Division and case type: High Court CivilCivil Suit
…Nonetheless, if the elections were held as scheduled, the urgency has been overtaken by events and, therefore, there is no basis to certify the application urgent.…
Division and case type: ELC LandCivil Suit
…Advocates representing the 3rd defendant, the application is marked as overtaken by events. The application dated 29/11/2024 is hereby struck out. Liberty applies to the 3rd defendant.…
Division and case type: Environment and Land CourtCivil Suit
…Earlier on, he said that his clients’ case is overtaken by events and that he does not intend to call any witnesses. I have perused the record.…
Division and case type: High Court CivilCivil Suit
…Further, that the order served upon the Respondent was in respect of a chamber summons application which has been overtaken by events as it sought leave to file a substantive application during the Court’s vacation and that…
…As such, the contention by the Defendant that the application has been overtaken by events is without basis.…
Division and case type: Environment and Land CourtCivil Suit
…He avers that his suits came to be overtaken by events after a decision was made in the succession cause nullifying the grant and it will be futile hearing the suits.…
…Secondly, the plaintiff’s suit came to be overtaken by events out of his control for the Succession court nullified the grant that had led to him having title.…
Division and case type: Environment and Land CourtCivil Suit
…by events) 1.…
…The counterclaim thus appears to have been overtaken by events and I need not make any orders on it. It is hereby dismissed for having been overtaken by events. 21. The last issue is costs.…