Satima Enterprises Limited v Kenya Revenue Authority & another [2022] KEELC 1617 (KLR)
- Court
- Environment & Land Court
- Case number
- 1617
- Citation
- [2022] KEELC 1617 (KLR)
- Decided
- 20 January 2022
The court found that the suit property was not available for alienation as it was already allocated to the Department of Customs and Excise and was not unalienated government land. The Kenya Revenue Authority did not have the power to allocate the suit property to the Plaintiff.
Facts
The Plaintiff, Satima Enterprises Limited, claimed that they were allocated a parcel of land (Land Reference Number MN/1/6230) in Mombasa by the Kenya Revenue Authority (Kenya Revenue Authority) after complying with the conditions of offer. However, the land was already allocated to the Department of Customs and Excise, which had built houses on the land.
Issues
- Whether the suit property was available for alienation.
- Whether the Kenya Revenue Authority had the power to allocate the suit property to the Plaintiff.
- Whether the Kenya Revenue Authority is entitled to the orders sought in the Counterclaim.
Reasoning
The court relied on the definitions of unalienated land in the Government Land Act and Physical Planning Act, which state that unalienated land is not leased to any person or has not been issued a letter of allotment or reservation. The court also cited previous cases to support its decision.
Outcome
The Plaintiff's claim for an order of eviction against the Kenya Revenue Authority was dismissed.
Authorities cited
Legislation (2)
- Government Land Act
- Physical Planning Act
Cases cited (3)
- James Joram Nyaga & Another v the Hon. Attorney General & Another
- Milankumarn Shah & Two others –vs- City Council of Nairobi & Others
- Paul Nderitu Ndung’u & 20 Others –V- Pashito Holdings Limited & Another
Loading judgment…