Republic & another v National Land Commission & 3 others; Acres and Homes Limited (Exparte) (Environment and Land Judicial Review Case 73 of 2015 & Civil Case 830 of 2013 (Consolidated)) [2024] KEELC 5168 (KLR) (30 May 2024) (Ruling)
- Court
- Environment & Land Court
- Case number
- 5168
- Citation
- [2024] KEELC 5168 (KLR)
- Decided
- 30 May 2024
Summary at a glance
TypeJudicial ReviewPostureAppeal from a previous judgmentCoramJudy Omange
The application is dismissed with costs.
Facts
The ex parte applicant, Acres and Homes Limited, filed a suit against the Attorney General alleging trespass on the suit property, which they claim to own. The Attorney General counterclaimed, asserting that the property is public land fraudulently allocated to the 2nd Defendant.
Issues
- Whether the ex parte applicant has a prima facie case
- Whether an interlocutory injunction should be granted
Reasoning
The court finds that the ex parte applicant has not established a prima facie case and that the matter should be heard in the pending suit.
Outcome
Dismissed with costs
Orders
- Application dismissed
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