Kenya Wildlife Service v Sea Star Malindi Limited (Civil Appeal E018 of 2022) [2024] KECA 364 (KLR) (12 April 2024) (Judgment)
- Court
- Court of Appeal
- Case number
- 364
- Citation
- [2024] KECA 364 (KLR)
- Decided
- 12 April 2024
The Court of Appeal sets aside the awards granted by the Environment and Land Court in Malindi ELC Case No. 56 of 2016 and remits the matter back to the ELC for a fresh hearing and determination of the reliefs to which the respondent would be entitled.
Facts
The Kenya Wildlife Service (KWS) ordered game wardens to take physical occupation of the suit land, removing construction and barring further construction. Sea Star, the respondent, had started building a tourist hotel on the land but stopped due to KWS's actions. KWS was ordered to pay Kshs. 90,000,000 in costs of reconstruction and Kshs. 30,000,000 in general damages.
Issues
- Whether the Environment and Land Court erred in awarding KWS compensation for Sea Star's hotel construction
- Whether the Environment and Land Court erred in granting KWS an order to prevent Sea Star from interfering with the construction of its hotel
Reasoning
The Court of Appeal found that the Environment and Land Court erred in failing to hear the parties' arguments regarding the impact of the award in ELC 47 of 2016 on the appellant's claim in ELC 56 of 2016.
Outcome
Remand to the Environment and Land Court for a fresh hearing and determination of the reliefs to which the respondent would be entitled.
Orders
- Remand the matter back to the Environment and Land Court for a fresh hearing and determination of the reliefs to which the respondent would be entitled
Remedies
- Remedies to be determined by the Environment and Land Court
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