Sikalieh (Suing as the Chairman of Karen & Langata District Association) v De La Salle Brothers & 5 others (Environment and Land Petition 071 of 2024) [2025] KEELC 5685 (KLR) (29 July 2025) (Ruling)
- Court
- Environment & Land Court
- Case number
- 5685
- Citation
- [2025] KEELC 5685 (KLR)
- Decided
- 29 July 2025
The Court will not dismiss the application as incompetent due to the Petitioner's withdrawal of the Notice of Appeal. The Petitioner must demonstrate that the new information was not within their knowledge or could not be produced at the time of the ruling.
Facts
The Petitioner/Applicant filed a petition challenging development approvals granted by the respondents, alleging that the 1st Respondent is a non-juristic entity and thus not capable of owning property or seeking development approval.
Issues
- Whether the Petitioner has met the threshold for the grant of orders of review as sought.
- Whether the 1st Respondent's argument that the Petitioner cannot simultaneously file an appeal and an application for review is valid.
Reasoning
The Court will examine the grounds for review, including the discovery of new and important evidence, and will require the Petitioner to show due diligence in obtaining this information.
Outcome
The application will be examined further to determine if the Petitioner has met the threshold for review.
Orders
- The application will be examined further to determine if the Petitioner has met the threshold for review.
Authorities cited
Legislation (2)
- Civil Procedure Act
- Order 45 of the Civil Procedure Rules
Cases cited (2)
- Gerald Kithu Muchanje v Catherine Muthoni Ngare & another [2020] eKLR
- Rose Kaiza -v- Angelo Mpanju Kaiza C.a. Civil Appeal No 225 of 2008 [2009 eKLR]
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