KENYA RAILWAYS CORPORATION & 2 others v MAMUSU ENTERPRISES LIMITED & 3 others [2008] KEHC 2820 (KLR)
- Court
- High Court of Kenya
- Case number
- 2820
- Citation
- [2008] KEHC 2820 (KLR)
- Decided
- 21 May 2008
The suit against the 3rd and 4th Defendants is dismissed with costs, and the suit against the 1st and 2nd Defendants is also dismissed with costs.
Facts
The Kenya Railways Corporation, John Bosco Musyimi Uswii, and Benjamin K. Tireito filed a suit against Mamusu Enterprises Limited, Eldoret Hotel Limited, Commissioner of Lands, and Attorney General. The Plaintiffs sought declarations and orders regarding the legality of a lease allocation and registration, and the Plaintiffs also filed an application for interim injunctive orders.
Issues
- Whether the Plaintiffs have locus standi to sue the 3rd and 4th Defendants
- Whether the Plaintiffs' suit is incompetent due to non-compliance with the notice requirement of Section 136(2) of the Government Lands Act
Reasoning
The court dismissed the suit against the 3rd and 4th Defendants due to non-compliance with the notice requirement and the lack of a cause of action. The suit against the 1st and 2nd Defendants was dismissed as well, as the suit has no chance of survival.
Outcome
The entire suit is dismissed with costs.
Orders
- The suit against the 3rd and 4th Defendants is dismissed with costs.
- The suit against the 1st and 2nd Defendants is dismissed with costs.
Authorities cited
Legislation (3)
- Government Proceedings Act, Cap 40
- Government Lands Act, Cap 280
- Public Authorities Act, Cap 39
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