Kandara Residents Association & 4 others v Delmonte (K) Limited & 4 others [2020] KEELC 2276 (KLR)
- Court
- Environment & Land Court
- Case number
- 2276
- Citation
- [2020] KEELC 2276 (KLR)
- Decided
- 3 June 2020
The applications are dismissed, and each party is to meet their own costs.
Facts
The plaintiffs, Kandara Residents Association and others, sought an interim injunction against the defendant, Delmonte (K) Limited, to prevent the defendant from renewing leases, registering subdivisions, and issuing new leases on properties in Kandara Constituency. The defendant opposed the application, arguing it was time-barred and that the National Land Commission had already supported the renewal of leases.
Issues
- Whether the plaintiffs' claim for an interim injunction is valid
- Whether the defendant's renewal of leases is in accordance with the National Land Act and Land (Extension and Renewal of Leases) Rules 2017
Reasoning
The court dismissed the applications as the plaintiffs' claim was time-barred and the defendant had already supported the renewal of leases. The court also noted that the plaintiffs' objection was based on a purported land ownership claim from the 19th century.
Outcome
Appeal dismissed
Orders
- The applications dated the 27/6/18 and 23/7/18 are hereby dismissed.
- Each party shall meet the costs of their application.
Authorities cited
Legislation (1)
- National Land Act
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