FLEUR INVESTMENT LTD v PERMANENT SECRETARY MINISTRY OF ROADS & 4 Others [2012] KEHC 5262 (KLR)
- Court
- High Court of Kenya
- Case number
- 5262
- Citation
- [2012] KEHC 5262 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypePetition for Judicial ReviewPostureRespondent's appeal from a previous orderCoramD.S. MAJAN
Holding
The petition is struck out with no order as to costs
Facts
The petitioner, Fleur Investment Ltd, claimed ownership of two properties along the Nairobi Thika Highway. The Ministry of Roads and Public Works demolished the buildings on the petitioner's property without consent.
Issues
- Protection of property rights under Article 40 of the Constitution
- Fair administrative action under Article 47 of the Constitution
Reasoning
The court found that the petitioner's claim was an abuse of the court process due to the existence of two pending suits concerning the same matter.
Outcome
Struck out
Orders
- Petition struck out with no order as to costs
Authorities cited
Legislation (1)
- Civil Procedure Act
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.
Loading judgment…