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Oloirien Group Ranch v Director, Land Adjudication & Settlement & 6 others; Kenya Airports Authority (Interested Party) (Environment & Land Petition E001 of 2022) [2023] KEELC 16303 (KLR) (14 March 2023) (Ruling)

[2023] KEELC 16303 (KLR) Environment & Land Court
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Court
Environment & Land Court
Case number
16303
Citation
[2023] KEELC 16303 (KLR)
Decided
14 March 2023
Beta Machine-generated summary. Automatically produced by AI from the judgment text — it may be incomplete or inaccurate. Always verify against the full judgment below. Not legal advice.

Summary at a glance

TypePublic Interest LitigationPostureRespondents filed Grounds of Opposition to the Notice of Motion ApplicationCoramEM WASHE
The Notice of Motion Application and the Petition are struck out, and the costs are to be borne by the Petitioner.

Facts

The Petitioner filed a Notice of Motion Application seeking for various orders, including a declaration and production of documents, but the Court found the application lacking in jurisdiction.

Issues

  • Jurisdiction of the Court
  • Repealing of Section 15 of the National Land Commission

Reasoning

The Court held that the application lacked jurisdiction due to the repealing of Section 15 of the National Land Commission, and thus, the subsequent issues are without jurisdiction.

Outcome

The Notice of Motion Application and the Petition are struck out.

Orders

  • The Notice of Motion Application and the Petition are struck out.
  • The costs of the Notice of Motion Application and the Petition are to be borne by Moiko Ole Miaron in person.

Authorities cited

Legislation (4)
  • Civil Procedure Rules, 2010
  • Government Proceedings Act (Cap 40 Laws of Kenya)
  • Land Act, No 6 of 2012
  • National Land Commission Act
Cases cited (1)
  • Owners of the Motor Vessel Lillian v Caltex Kenya [1989] KLR
⚠ This summary is experimental and generated by a language model, not a lawyer. It can contain errors, omissions, or misinterpretations and must not be relied on for legal decisions. The authoritative source is the full judgment. Please confirm every point against the original before use.
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