Laikipia North Natural Resources Suppliers & Builders Limited v Loata Sand Dealers Sacco Society Limited & another [2021] KEELC 2397 (KLR)
- Court
- Environment & Land Court
- Case number
- 2397
- Citation
- [2021] KEELC 2397 (KLR)
- Decided
- 28 July 2021
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeEnvironmental DisputePostureAppeal from a decision of the National Environmental Tribunal (NET)CoramNot explicitly named in the text, presumed to be the presiding judge(s)
Holding
The court overrules the 1st Defendant's preliminary objection and dismisses the appeal.
Facts
The Plaintiff, Laikipia North Natural Resources Suppliers & Builders Limited, sued the Defendants, Loata Sand Dealers Sacco Society Limited and the National Environment Management Authority (NEMA), seeking a declaration that a weighbridge managed by the 1st Defendant is illegal and for a permanent injunction.
Issues
- Whether the 1st Defendant's preliminary objection is well founded.
- Whether the Plaintiff's claim is within the jurisdiction of the National Environmental Tribunal (NET).
Reasoning
The court finds that the Plaintiff's claim is not within the jurisdiction of the National Environmental Tribunal (NET) as there is no evidence that the Plaintiff ever applied for a license from the 2nd Defendant and that the same was denied.
Outcome
Appeal dismissed
Authorities cited
Legislation (1)
- Environmental Management and Co-ordination Act 2019 (EMCA)
Cases cited (5)
- Mukisa Biscuits Manufacturing Company Limited v West End Distributors Limited (1969) EA 696
- Owners of Motor Vessel 'Lillian S' v Caltex Oil Kenya Limited (1989) KLR 1
- Angela Mbugua and 4 Others v KQ Holdings Limited and 2 Others (2020) eKLR
- Oraro v Ombaja (2005) 1KLR 141
- George Kamau Kimani and 4 Others v County Government of Transnzoia and Another (2014) 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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