Pentagon Communications Limited v National Land Commission (Civil Appeal E035 of 2022) [2025] KECA 1304 (KLR) (18 July 2025) (Judgment)
- Court
- Court of Appeal
- Case number
- 1304
- Citation
- [2025] KECA 1304 (KLR)
- Decided
- 18 July 2025
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureSecond appeal against a Judgment and decree of the Environment and Land Court of KenyaCoramGW NGENYE-MACHARIA, DR. K. I. LAIBUTA CARB, FCIARB, AK MURGOR
Holding
The appeal is unmeritorious and is hereby dismissed. The Judgment of the Environment and Land Court (Matheka, J.) delivered on 23rd February 2022 is upheld.
Facts
Pentagon Communications Limited owned LR MN/VI/3XX8, an industrial-use parcel of land in Miritini, Mombasa, measuring 0.3325 hectares (0.821 acres). The National Land Commission awarded monetary compensation for the compulsory acquisition of part of the land.
Issues
- Whether the appeal was properly filed and whether the ELC had jurisdiction to entertain the appeal
- Whether the ELC's decision was perverse or based on matters not considered by the lower court
Reasoning
The Court found that the appeal was not properly filed and was statute barred, and that the ELC did not have jurisdiction to entertain the appeal.
Outcome
Appeal dismissed
Orders
- Uphold the Judgment of the Environment and Land Court (Matheka, J.) delivered on 23rd February 2022
- No order as to costs
Authorities cited
Cases cited (2)
- County Executive of Kisumu vs. County Government of Kisumu & 8 others (Civil Application 3 of 2016) [2017] KESC 16 (KLR) (Civ) (12 April 2017)
- Stephen Muriungi and another vs. Republic (1982-88) 1 KAR 360
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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