[2022] KEELC 3166 (KLR)
The court found that the present petition is not a duplication of the other two suits because it specifically challenges the Gazette Notice of 17 July 2017, which revoked the petitioner’s land titles, whereas the other suits concern an ownership dispute with another entity. The Gazette Notice was issued while the...
Source-derived case information.
- Citation
- [2022] KEELC 3166 (KLR)
- Parties
- Applicant: Bamboo Twist Limited; Respondent: National Land Commission & others
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Petition 3 of 2020
- Procedural Posture
- Constitutional Petition / Ruling on Notice to Show Cause Regarding Duplicity of Suit
- Outcome
- Petition not struck out; allowed to proceed.
- Judges
- M Sila
- Legal Topics
- Revocation of Title, Gazette Notice Challenge, Ownership Dispute, Duplicity of Suits
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Bamboo Twist Limited
Applicant
National Land Commission & others
Respondent
Procedural Posture
Constitutional Petition / Ruling on Notice to Show Cause Regarding Duplicity of Suit
Legal Issues
- 1 Whether the present petition is a duplication of issues raised in Mombasa ELC No. 40 of 2015 and No. 178 of 2014.
- 2 Whether the petition properly challenges the Gazette Notice of 17 July 2017 revoking the petitioner’s land titles.
Ratio Decidendi
The court found that the present petition is not a duplication of the other two suits because it specifically challenges the Gazette Notice of 17 July 2017, which revoked the petitioner’s land titles, whereas the other suits concern an ownership dispute with another entity. The Gazette Notice was issued while the other suits were ongoing, and the petitioner was entitled to move the court to seek its quashing. Although some prayers in the petition overlap with the ownership dispute, the core of the petition is the challenge to the administrative action of revocation. Therefore, the petition should not be struck out at this stage.
Court Disposition
Petition not struck out; allowed to proceed.
Orders
- The petition is not dismissed and shall proceed to hearing on its merits.
Full Case Text
Judgment text and source record
18 paragraphs
Bamboo Twist Limited v National Land Commission & others (Petition 3 of 2020) [2022] KEELC 3166 (KLR) (7 June 2022) (Ruling)
Neutral citation: [2022] KEELC 3166 (KLR)
Republic of Kenya
In the Environment and Land Court at Mombasa
Petition 3 of 2020
M Sila, J
June 7, 2022
Between
Bamboo Twist Limited
Petitioner
and
National Land Commission & others
Respondent
Ruling
1. This court issued notice to the petitioner to show cause why this suit should not be struck out for being a duplication of the issues raised in the suits Mombasa ELC No.40 of 2015 and Mombasa ELC No. 178 of 2014. Pursuant to the said notice, an affidavit sworn by Brian Borona, counsel on record for the petitioner, was filed. He has explained that this suit is different from the other two suits in that this suit is mainly challenging the decision of the 1st respondent (National Land Commission) which revoked the petitioner’s titles to the land parcels No. MN/V/1128 – 1132 through a Gazette Notice of 17 July 2017.
2. I have considered the explanation and I accept it. I have seen that the other two suits, Mombasa ELC No. 40 of 2015 and No. 178 of 2014, relate to an ownership dispute that the petitioner has with another entity. The Gazette Notice of 17 July 2017 was published when the two suits were ongoing. I appreciate that the petitioner was entitled to move court to seek to quash this Gazette Notice, only that there are various other prayers in the petition that also seek declaration of ownership of the land, which may be misplaced, given that there is already an ongoing ownership dispute. But that is a bridge to be crossed later.
3. For now, I am moved not to dismiss this petition for I have been persuaded that it was filed purposely to challenge the Gazette Notice 17 July 2017.
DATED AND DELIVERED THIS 7TH DAY OF JUNE 2022. JUSTICE MUNYAO SILAJUDGE, ENVIRONMENT AND LAND COURTAT MOMBASA