Erdermann Property Limited v London Distillers (K) Ltd & another [2021] KEELC 4189 (KLR)
- Court
- Environment & Land Court
- Case number
- 4189
- Citation
- [2021] KEELC 4189 (KLR)
- Decided
- 25 February 2021
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppellant appealed from a judgment of the National Environment Tribunal, the 1st respondent sought to transfer the appeal to the Environment and Land Court at MachakosCoramS. OKONG’O
Holding
The application is allowed, the appeal should be transferred to the Environment and Land Court at Machakos for hearing and final determination
Facts
The 1st respondent filed an appeal against the NET decision in the Environment and Land Court at Machakos, the appellant filed its appeal before this court, the 1st respondent was dissatisfied with the whole judgment, the appellant was only dissatisfied with certain findings
Issues
- Should the appeal be transferred to the Environment and Land Court at Machakos for hearing and final determination?
- Whether the court in Machakos and this court would make conflicting decisions on the two appeals?
Reasoning
The court agrees with the 1st respondent that to avoid conflicting decisions and for good order, the appeal should be transferred to the Environment and Land Court at Machakos
Outcome
The 1st respondent's application is allowed
Orders
- The appeal should be transferred to the Environment and Land Court at Machakos for hearing and final determination
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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