Ochola v The County Government of Kwale & another (Environment & Land Case 48 of 2021) [2023] KEELC 284 (KLR) (23 January 2023) (Judgment)
- Court
- Environment & Land Court
- Case number
- 284
- Citation
- [2023] KEELC 284 (KLR)
- Decided
- 23 January 2023
Summary at a glance
TypeLand Use DisputePostureAppeal from an original trial judgmentCoramA.E. Dena
The court found that no application for approval for the extension was made and that the defendant denied the plaintiff's request unreasonably.
Facts
The plaintiff, Ariko Odero Ochola, sought an order for development permission for the extension of his building on land parcel No. Kwale/Ukunda/3610. The County Government of Kwale denied the extension, leading to the plaintiff's lawsuit.
Issues
- Whether the plaintiff made an application for approval for the extension of his building
- Whether the 1st defendant unreasonably refused to grant approval for the extension
Reasoning
The court determined that the plaintiff did not make an application for approval for the extension and that the defendant unreasonably refused to grant approval.
Outcome
The court ordered the 1st defendant to convene the relevant Liaison Committee to determine the plaintiff's appeal within 6 months from the date of the judgment.
Orders
- Order for the 1st defendant to convene the relevant Liaison Committee for the determination of the plaintiff's appeal within 6 months from the date of the judgment.
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