Mary Waeni Wambua & another (Suing as joint administrators of the Estate of the late Josiah Muli Wambua) v Kenya Urban Roads Authority & 6 others [2020] KEELC 2781 (KLR)
- Court
- Environment & Land Court
- Case number
- 2781
- Citation
- [2020] KEELC 2781 (KLR)
- Decided
- 8 May 2020
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLand Rights DisputePostureRespondents' Application to mark the matter as having abated due to withdrawal from developmentCoramO.A. ANGOTE
Holding
The Application to mark the matter as having abated is dismissed with costs.
Facts
The Respondents were to improve a road connecting Mombasa Road to Daystar University, but instead, they sub-divided land parcels and blocked the Petitioners' access to the road, causing damage to their property.
Issues
- Contravention of constitutional rights
- Abrogation of property rights
- Violation of borehole replacement costs
Reasoning
The Respondents failed to file a reply or grounds of opposition as required by the Mutunga Rules, and their Application is seen as a calculated move to hinder the due administration of justice.
Outcome
Dismissed
Orders
- Application dismissed with costs
Authorities cited
Legislation (1)
- Protection of Rights and Fundamental Freedoms Practice and Procedure Rules, 2013
Cases cited (1)
- Usikaro vs. Itsekiri Land Trustees (1992) 2 N.W.L.R.
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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