Republic v County Government of Mombasa Ex parte Emdund Kirigha Malusha; Fahmi Hussein Swaleh (Interested Party) (Environment and Land Judicial Review Case 10 of 2020) [2021] KEELC 1110 (KLR) (9 November 2021) (Judgment)
- Court
- Environment & Land Court
- Case number
- 1110
- Citation
- [2021] KEELC 1110 (KLR)
- Decided
- 9 November 2021
Summary at a glance
The application for Certiorari is dismissed with costs to the respondent
Facts
The ex-parte applicant is the registered owner of PLOT NO. MSA/BLOCK XVI/1404, fully developed, while the interested party owns the neighboring Parcel No. Msa/Block XVI/1406. The respondent issued a notice requiring the ex-parte applicant to demolish an unspecified structure on his plot within seven days.
Issues
- Whether the respondent's notice was ultra vires
- Whether the applicant has exhausted their remedies
Reasoning
The applicant did not file an appeal against the enforcement notice as required by law, and the respondent's notice was not made in excess of her powers or illegally. The applicant has not established grounds for judicial review.
Outcome
Dismissed
⚠ This summary is experimental and generated by a language model, not a lawyer. It can contain errors, omissions, or misinterpretations and must not be relied on for legal decisions. The authoritative source is the full judgment. Please confirm every point against the original before use.
Loading judgment…