Wanyilu & another v Deputy County Commissioner Masinga District & 3 others; Matheka (Interested Party) (Environment & Land Petition 15 of 2019) [2022] KEELC 2194 (KLR) (10 May 2022) (Ruling)
- Court
- Environment & Land Court
- Case number
- 2194
- Citation
- [2022] KEELC 2194 (KLR)
- Decided
- 10 May 2022
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypePetitionPostureRespondent seeks to strike out Petitioners' Notice of Motion and PetitionCoramCA OCHIENG
Holding
The Court will not strike out the Petition on the grounds of res judicata, abuse of process, bad faith, legal incompetence, frivolousness, vexatiousness, scandalousness, and abuse of due process.
Facts
Petitioners filed a Notice of Motion and Petition against the Respondents, seeking to be granted proper audience and be aware of the verdict from an Appeal. Interested Party raised issues regarding the Respondents' failure to grant proper audience and awareness of the verdict.
Issues
- Whether the Petition is res judicata and an abuse of the court process
- Whether the Petition is brought in bad faith and violates the Land Adjudication Act
- Whether the Petition is legally incompetent, fatally defective, frivolous, vexatious, scandalous and a paragon of abuse of due process
Reasoning
The Court found that the Respondents breached the rules of natural justice and fair administrative action, and that the Petitioners' claims are valid.
Outcome
The Petitioners' Notice of Motion and Petition will not be struck out.
Orders
- Notice of Preliminary Objection will be disallowed
Remedies
- Costs will be in the cause
Authorities cited
Legislation (2)
- Land Adjudication Act Cap 294
- Constitution of Kenya 2010
Cases cited (2)
- Republic v Musanka Ole Runkes Tarakwa & 5 others Ex-parte Joseph Lesalol Lekitio & others [2015] eKLR
- J. Mutungi Judge Kisii Petition No. 6 of 2016
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.
Loading judgment…