Ali Athman Hassan v Safaricom Limited & another [2021] KEHC 910 (KLR)
- Court
- High Court of Kenya
- Case number
- 910
- Citation
- [2021] KEHC 910 (KLR)
- Decided
- 16 December 2021
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil SuitPostureAppeal from the original trial outcomeCoramD. O. Chepkwony
Holding
The High Court transfers the suit to the Environmental and Land Court for hearing and determination.
Facts
The Plaintiff, Ali Athman Hassan, filed a suit against Safaricom Limited and the National Environmental Management Authority (NEMA) alleging that a Base Transceiver Station (BTS) erected next to his property was causing nuisance and environmental pollution.
Issues
- Whether the High Court has jurisdiction to entertain the suit
- Which court has the original jurisdiction to entertain the matter
- Whether the Plaintiff is entitled to a temporary injunction
Reasoning
The court found that the dispute revolves around matters of environmental use, which are within the exclusive jurisdiction of the Environment and Land Court, and not the High Court.
Outcome
The High Court transfers the suit to the Environmental and Land Court.
Orders
- The present suit to Civil Suit No.E027 of 2020 shall be transferred to the Environmental and Land Court in Mombasa for hearing and determination
Authorities cited
Legislation (2)
- Environment and Land Court Act
- Environment Management and Coordination 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.
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