Bayusuf v Mbesa Investments Limited & 2 others (Civil Appeal 64 of 2020) [2022] KECA 774 (KLR) (10 June 2022) (Judgment)
- Court
- Court of Appeal
- Case number
- 774
- Citation
- [2022] KECA 774 (KLR)
- Decided
- 10 June 2022
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from a ruling by the High Court of Kenya at MombasaCoramDr. J., JUDGE OF APPEAL, JW LESSIT, Ogola, Okwengu
Holding
The Court of Appeal dismissed the appeal, affirming the High Court's ruling that it has jurisdiction to entertain the petition and that the County Government's issuance of the enforcement notice was not in violation of Mbesa Investments' rights.
Facts
Mbesa Investments Limited obtained approvals for a 10-story building project on beachfront properties in Mombasa. The County Government issued an enforcement notice to stop the development.
Issues
- Whether the High Court has jurisdiction to entertain the petition
- Whether the County Government's issuance of the enforcement notice was in violation of Mbesa Investments' rights under Article 47 of the Constitution of Kenya, 2010
Reasoning
The Court of Appeal upheld the High Court's decision on jurisdiction and held that the County Government's issuance of the enforcement notice was within its authority.
Outcome
Affirmation of the High Court's ruling
Authorities cited
Legislation (1)
- Article 47 of the Constitution of Kenya, 2010
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.
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