Paolo Di Maria & 5 others v Alice M. Kuria & 5 others [2021] KEELC 1674 (KLR)
- Court
- Environment & Land Court
- Case number
- 1674
- Citation
- [2021] KEELC 1674 (KLR)
- Decided
- 7 October 2021
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureAppeal from a preliminary objectionCoramAngote
Holding
The court does not have jurisdiction to hear and determine the matter.
Facts
The plaintiffs filed a Notice of Motion seeking a temporary and permanent injunction against the defendants to stop the construction of Base Transceiver Stations towers on their properties. The defendants raised a preliminary objection claiming the court lacks jurisdiction.
Issues
- Whether the court has jurisdiction to hear and determine the matter.
- Whether the matter should be heard by the County Physical and Land Use Planning Liaison Committee (CPLUPLC) and the National Environment Tribunal (NET).
Reasoning
The court ruled that the matter should be heard by the County Physical and Land Use Planning Liaison Committee (CPLUPLC) and the National Environment Tribunal (NET) as the court acts as an appellate court for appeals arising from those bodies.
Outcome
The preliminary objection is sustained.
Authorities cited
Legislation (3)
- Physical and Land Use Planning Act, 2019
- Environment Management and Coordination Act, 1999
- National Environment Tribunal Act
Cases cited (3)
- Mukhisa Biscuit Manufacturers Ltd. vs. West End Distributors Ltd.
- Independent Electoral & Boundaries Commission –v- Jane Cheperenger & 2 Others
- Samuel Kamau Macharia & another v Kenya Commercial Bank Limited & 2 others
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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