London Distillers (K) Limited v National Environment Management Authority(NEMA) & another (Tribunal Appeal 21 of 2019) [2022] KENET 728 (KLR) (Environment and Land) (28 September 2022) (Ruling)
- Court
- KENET
- Case number
- 728
- Citation
- [2022] KENET 728 (KLR)
- Decided
- 28 September 2022
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureAppellant's preliminary objection to 2nd respondent's contempt applicationCoramMohamed S Balala, Christine M Kipsang, B Mwamuye, Waithaka Ngariya, Kariuki Muigua
Holding
The 2nd respondent's notice of motion application is dismissed and the appellant's notice of preliminary objection is allowed.
Facts
The 2nd respondent sought to cite the appellant and its officers for contempt in relation to an appeal filed in the Environment and Land Court.
Issues
- Appellant's preliminary objection to the 2nd respondent's contempt application
- Jurisdiction of the tribunal to examine the superior court's appeal
Reasoning
The tribunal ruled that the contempt application is outside its jurisdiction, res judicata, unconstitutional, and an abuse of process.
Outcome
Appeal dismissed
Orders
- 2nd respondent's notice of motion application dismissed
- Appellant's notice of preliminary objection allowed
Remedies
- Costs awarded to the appellant
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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