Nduni v Kirui & 4 others (Environment & Land Case E092 of 2022) [2022] KEELC 14432 (KLR) (1 November 2022) (Ruling)
- Court
- Environment & Land Court
- Case number
- 14432
- Citation
- [2022] KEELC 14432 (KLR)
- Decided
- 1 November 2022
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLand DisputePosturePreliminary Objection to JurisdictionCoramLaw, MD MWANGI
Holding
The court finds the 5th Defendant's Preliminary Objection wanting in material particulars and too generalized.
Facts
The plaintiff, Lawrence Warari Nduni, claims that the 5th Defendant, Kenya Power and Lighting Company, has encroached and trespassed into the plaintiff's parcel of land by installing electricity posts without adhering to procedural requirements.
Issues
- Whether the 5th Defendant's Preliminary Objection is merited
Reasoning
The court defines a Preliminary Objection and emphasizes the need for clarity and specificity. The 5th Defendant's objection is criticized for being too broad and lacking material particulars.
Outcome
The court dismisses the 5th Defendant's Preliminary Objection.
Authorities cited
Legislation (4)
- Energy Act, 2019
- Energy (Complaints and Disputes Resolution) Regulations, 2012
- Constitution of Kenya, 2010
- Fair Administrative Action Act, 2015
Cases cited (3)
- Bashir Haji Abdulahi v Adan Mohammed Nooru & 3 others (2004) eKLR
- Benson Ambuti Adega & 2 others v Kibos Distillers Ltd & 5 others (2020) eKLR
- R v Karisa Chengo (2017) 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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