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Amalo Company Limited v Attorney General & 5 others [2021] KEELC 804 (KLR)

[2021] KEELC 804 (KLR) Environment & Land Court
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Court
Environment & Land Court
Case number
804
Citation
[2021] KEELC 804 (KLR)
Decided
25 November 2021
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypePetition for DeclarationPosturePetitioner seeks a declaration that the actions of the Respondents are illegal, unlawful and unconstitutional and in contravention of the fundamental rights and freedoms of the Petitioner and therefore null and void.CoramMusinga, S.
Holding

The court found that the Petitioner's rights were not violated and that the actions of the Respondents were not illegal, unlawful, or unconstitutional.

Facts

The Petitioner alleges that the Respondents repossessed its suit properties by sending officers from the National Youth Service who dug holes and fenced the properties, blocking access. The Petitioner claims it was not served with notice prior to these actions.

Issues

  1. Whether the Petitioner is entitled to the orders sought in the Petition.
  2. Whether the Petitioner's rights and fundamental freedoms were violated.
  3. Whether the Cross Petition is merited.

Reasoning

The court ruled that the Petitioner's rights were not violated and that the actions of the Respondents were not illegal, unlawful, or unconstitutional.

Outcome

The Petitioner's petition was dismissed.

Authorities cited

Legislation (4)
  • Article 40 of the Constitution of Kenya
  • Section 24 of the Land Registration Act
  • Section 25 of the Land Registration Act
  • Section 26 of the Land Registration Act
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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