FR v GL [2020] KEELC 230 (KLR)
- Court
- Environment & Land Court
- Case number
- 230
- Citation
- [2020] KEELC 230 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLand DisputePostureOriginal Suit and Preliminary ObjectionCoramMWANGI NJOROGE
Holding
The court has jurisdiction to hear the matter and transfers the case to the High Court at Kitale for final determination.
Facts
The case involves an application for a temporary injunction and a preliminary objection regarding the jurisdiction of the Environment and Land Court.
Issues
- Whether the court has jurisdiction to hear the matter.
- Whether the order for temporary injunction should be granted.
Reasoning
The court determined it had jurisdiction based on Article 162(2)(b) of the Constitution and Section 13(2) of the Environment and Land Court Act. The court dismissed the application for temporary injunction and transferred the case to the High Court.
Outcome
The case is transferred to the High Court at Kitale.
Orders
- The case is transferred to the High Court at Kitale.
- Each party bears their own costs of the proceedings of the Notice of Motion application.
Authorities cited
Legislation (2)
- Article 162(2)(b) of the Constitution of Kenya
- Section 13(2) of the Environment and Land Court Act
Cases cited (1)
- Owners of Motor Vessel Lillian 'S' vs Caltex Oil Kenya Ltd 1989 eKLR
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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