Altana Corporation Limited v Clarence Matheny Leadership Training Institute; National Land Commission & another (Interested Parties) [2020] KEHC 8588 (KLR)
- Court
- High Court of Kenya
- Case number
- 8588
- Citation
- [2020] KEHC 8588 (KLR)
- Decided
- 7 February 2020
The application is allowed, and the court directs the Deputy Registrar to release Kshs. 710,801,070 to the defendant and transmit Kshs. 77,188,498.40 to the National Treasury. Kshs. 139,895,511 is retained in court pending the hearing and determination of the main suit.
Facts
The defendant took out a motion seeking to release Kshs. 710,801,070 and transmit Kshs. 77,188,498.40 to the National Treasury, while Kshs. 139,895,511 remained in court pending the hearing and determination of the main suit.
Issues
- Whether the court should grant the orders sought by the defendant
Reasoning
The court found a valid consent recorded before the ELC, and it did not interfere with the substratum of the matter pending before this court. The plaintiff has the right to appeal against the consent order, but the court cannot stay an order by ELC due to constitutional provisions.
Outcome
Appeal allowed
Orders
- Release Kshs. 710,801,070 to the defendant
- Transmit Kshs. 77,188,498.40 to the National Treasury
- Retain Kshs. 139,895,511 in court pending the hearing and determination of the main suit
Remedies
- Each party to bear their own costs of the application
Authorities cited
Legislation (1)
- Civil Procedure Act
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