Warui & 5548 others v Mbeere Elders Advisory Welfare Group (Ngome) & 14 others (Civil Application 141 of 2020) [2024] KECA 1051 (KLR) (12 April 2024) (Ruling)
- Court
- Court of Appeal
- Case number
- 1051
- Citation
- [2024] KECA 1051 (KLR)
- Decided
- 12 April 2024
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from a previous order of the Environment and Land CourtCoramJAMILA MOHAMMED, L. KIMARU, A. O. MUCHELULE
Holding
The application is dismissed as the titling of the land in question had been completed and there is nothing to stay or injunct.
Facts
The applicants sought to have a partial consent entered into by the Environment and Land Court reviewed, varied, or set aside, and to have the titles issued following the consent cancelled. The application was opposed by the respondents.
Issues
- Whether the applicants had an arguable appeal
- Whether the application was brought too late in the day
Reasoning
The applicants acknowledged that the process of titling had already been completed and that the application was being brought too late in the day. The court held that the applicants had not demonstrated an arguable appeal and that the application was an abuse of the process of the court.
Outcome
Application dismissed
Authorities cited
Cases cited (2)
- Stanley Kang'ethe Kinyanjui -vs- Tony Ketter & 5 Others [2013]eKLR
- John Florence Maritime Services Limited & Another -vs- Cabinet Secretary Transport and Infrastructure & 3 Others, Supreme Court of Kenya Petition No. 17 of 2015
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…