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Masjid Kairat (Mosque) & others v Municipal Council of Mombasa & 3 others [2017] KEELC 2234 (KLR)

[2017] KEELC 2234 (KLR) Environment & Land Court
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Court
Environment & Land Court
Case number
2234
Citation
[2017] KEELC 2234 (KLR)
Decided
26 July 2017
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureAppeal from a Kadhi's Court decisionCoramA. OMOLLO
Holding

The application to review the Kadhi's Court order is allowed, and the plaintiffs are directed to pay ground rents to the 4th defendant until the Kadhi's order is varied or set aside.

Facts

The plaintiffs are the beneficiaries of a plot of land, and the defendants are the Municipal Council of Mombasa and three individuals. The Kadhi's Court had previously ordered the plaintiffs to deposit ground rents into court, but the 4th defendant/applicant (SAADA ARAN BAKARI) moved the court to review this order.

Issues

  1. Review of the Kadhi's Court order requiring ground rents to be deposited in court
  2. Appointment of an administrator for the estate

Reasoning

The 4th defendant was authorized to collect ground rents, and the plaintiffs should continue paying rent to her until an agreement is reached on who should receive the rents.

Outcome

Application allowed

Orders

  • Plaintiffs to pay ground rents to the 4th defendant until the Kadhi's order is varied or set aside

Remedies

  • Review of the Kadhi's Court order
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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