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ANDERS BRUEL T/A QUEENSCROSS AVIATION V KENYA CIVIL AVIATION AUTHORITY & ANOTHER [2012] KEHC 1979 (KLR)

[2012] KEHC 1979 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
1979
Citation
[2012] KEHC 1979 (KLR)
Decided
12 October 2012
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypePetition for Certiorari and MandamusPosturePetitioner seeks to quash revocation of certificates of registration and reinstatement as owner of aircrafts 5Y-EKO and 5Y-BMACoramMUMBI NGUGI
Holding

The court finds no merit in the application and dismisses the petition.

Facts

Petitioner claims to be the registered owner of aircrafts 5Y-EKO and 5Y-BMA, but the court finds he is not the registered owner or lessee. The 1st respondent cancelled the registration based on the Civil Aviation (Aircraft Registration and Marking) Regulations 2007.

Issues

  1. Petitioner's constitutional rights under Articles 27, 40, 47, and 50 of the Constitution
  2. Whether the cancellation of registration was arbitrary and violated the petitioner's rights

Reasoning

The petitioner is not the registered owner or lessee of the aircrafts, and the cancellation was not arbitrary. The court does not find a violation of constitutional rights.

Outcome

Petition dismissed

Authorities cited

Legislation (2)
  • Civil Aviation Act, Cap 394 Laws of Kenya
  • Civil Aviation (Aircraft Registration and Marking) Regulations 2007
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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