Gitson Energy Limited v Ganya & 6 others (Civil Appeal 47 of 2014) [2017] KECA 769 (KLR) (24 February 2017) (Judgment)
- Court
- Court of Appeal
- Case number
- 769
- Citation
- [2017] KECA 769 (KLR)
- Decided
- 24 February 2017
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureFirst AppealCoramGithinji, Okwengu, Kantai
Holding
The Court of Appeal dismissed the appeal, upholding the High Court's decision.
Facts
The appellant, Gitson Energy Limited, sought to establish a wind power project on 60,705 hectares of land in Bubisa Location of Marsabit County. The County Council of Marsabit and the Commissioner of Lands issued a gazette notice setting apart the land for the project.
Issues
- Whether the High Court erred in allowing the respondents' application for judicial review and granting an order of certiorari against the Commissioner of Lands.
- Whether the High Court correctly applied the relevant laws and procedures in the setting apart of the land.
Reasoning
The Court of Appeal found that the High Court correctly applied the relevant laws and procedures in the setting apart of the land, and that the High Court's decision was not manifestly wrong.
Outcome
Appeal dismissed
Authorities cited
Legislation (4)
- Trust Land Act (Cap 288)
- Interpretation and General Provisions Act
- Transition to Devolved Government Act No. 1 of 2012
- Constitution of Kenya 2010
Cases cited (4)
- Mbogo & Another v Shah
- Sumaur & Another v Ahed Industries Limited CA No. 203 of 2002
- Damiano Migwi v Timothy Maina Wairugi
- Selle v Associated Motor Boat Company
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.
Loading judgment…