Ngomo Multi-Purpose Co-operative Society v Republic & another (Civil Appeal E009 of 2022) [2025] KECA 935 (KLR) (23 May 2025) (Judgment)
- Court
- Court of Appeal
- Case number
- 935
- Citation
- [2025] KECA 935 (KLR)
- Decided
- 23 May 2025
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from the judgment of the Environment and Land CourtCoramGW NGENYE-MACHARIA, Yano
Holding
The appeal is found to have merit and is hereby allowed with costs to the appellant.
Facts
The appellant, Ngomo Multi-Purpose Co-operative Society, applied for a judicial review against the Republic and the County Government of Mombasa. The appellant claimed an order of prohibition to prevent the 2nd respondent from executing or effecting an Enforcement Notice issued under the Physical and Land Use Planning Act, 2019.
Issues
- Exhaustion of internal dispute resolution mechanism
- Prohibition of execution of Enforcement Notice
Reasoning
The superior court erred in holding that the appellant did not exhaust the internal dispute resolution mechanism before approaching the court for judicial review.
Outcome
Appeal allowed with costs to the appellant
Orders
- Allow the appeal with costs to the appellant
Remedies
- Prohibition of execution of Enforcement Notice
Authorities cited
Legislation (3)
- Physical and Land Use Planning Act, 2019
- Law Reform Act
- Fair Administrative Action Act
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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