Brookshell Limited & another v County Government of Kwale & 3 others; Suleiman Ali Mwadgugwe & 2 others (Interested Parties) [2021] KEELC 2044 (KLR)
- Court
- Environment & Land Court
- Case number
- 2044
- Citation
- [2021] KEELC 2044 (KLR)
- Decided
- 29 July 2021
The court partially allowed the petition, granting a temporary injunction and restraining the respondents and interested parties from interfering with the suit properties pending the determination of the case.
Facts
Petitioners Brookshell Limited and Ashbrook Limited filed a petition against the County Government of Kwale, National Land Commission, Chief Land Registrar, and the Attorney General. Interested Parties Suleiman Ali Mwadgugwe and Salim Hussein Omar were also involved. The dispute arose from the County Government's decision to suspend the issuance of approval permits.
Issues
- Jurisdiction of the court
- Alternative dispute resolution mechanisms
Reasoning
The court addressed the jurisdiction issue first, ruling that it has jurisdiction to hear the case. It then considered the petition and granted a temporary injunction.
Outcome
Partially allowed
Orders
- Temporary injunction against respondents and interested parties regarding ownership and title of suit properties
- Allowance of the petition with costs
Remedies
- Temporary injunction
- Allowance of the petition
Authorities cited
Legislation (1)
- Physical Planning Act Cap 286
Cases cited (1)
- Owners of Motor Vessel 'Lillian' vs. Caltex Oil (Kenya) Ltd (1989) eKLR
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