Lemita Ole Lemein v Attorney General & 2 others [2020] KECA 303 (KLR)
- Court
- Court of Appeal
- Case number
- 303
- Citation
- [2020] KECA 303 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureAppeal from the judgment of the Environment and Land CourtCoramW. KARANJA, KIAGE, SICHALE
Holding
The appeal is dismissed, and the judgment of the Environment and Land Court is upheld.
Facts
Lekinyot Ole Lanke filed a constitutional petition in the Environment and Land Court seeking declarations and orders regarding the proceedings before the Land Disputes Tribunal and the Narok Senior Principal Magistrate's Court.
Issues
- jurisdiction of the tribunal
- rights under Articles 40, 47 and 50 of the Constitution
- rules of natural justice
- null and void proceedings
- cancellation of registration
- mandamus to restore name as registered proprietor
Reasoning
The court found that the issue of jurisdiction was raised in the pleadings and that the parties addressed it. The court determined that the tribunal had jurisdiction and that the proceedings were not null and void.
Outcome
Appeal dismissed
Orders
- Judgment of the Environment and Land Court is upheld
Authorities cited
Legislation (1)
- Articles 40, 47 and 50 of the Constitution
Cases cited (1)
- Joseph Amisi Omukanda v Independent Elections & Boundaries Commission & 2 Others Nairobi Civil Application No. Nai 14 of 2014 (UR 5/2014)
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…