[2013] KEHC 2072 (KLR)
The court found that the facts and legal issues raised in the petitioners' Notice of Motion dated 14th December 2012 were identical to those in Malindi Land Case Number 168 of 2012. The court, having already ruled on the same issues in the related case, allowed the petitioners' application as prayed. The court...
Source-derived case information.
- Citation
- [2013] KEHC 2072 (KLR)
- Parties
- Applicant: Philip Subili Righo & 8 Others; Respondent: Michael Seth Kaseme; Respondent: Hassan Barisa Kalime; Respondent: Samuel Kingi Mwangi; Respondent: County Council of Tana River
- Court
- High Court
- Court Station
- High Court at Malindi
- Jurisdiction
- Kenya
- Case Number
- Petition 18 of 2012
- Procedural Posture
- Constitutional Petition / Ruling on Notice of Motion
- Outcome
- Application allowed as prayed.
- Judges
- OA Angote
- Legal Topics
- Right to Property, Equality and Non Discrimination, Public Land Management, Administrative Action
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Philip Subili Righo & 8 Others
Applicant
Michael Seth Kaseme
Respondent
Hassan Barisa Kalime
Respondent
Samuel Kingi Mwangi
Respondent
County Council of Tana River
Respondent
Procedural Posture
Constitutional Petition / Ruling on Notice of Motion
Legal Issues
- 1 Whether the respondents contravened the petitioners' fundamental rights under Articles 27, 40, 47, 60, and 63 of the Constitution of Kenya, 2010.
- 2 Whether the petitioners are entitled to the reliefs sought in the Notice of Motion dated 14th December 2012.
Ratio Decidendi
The court found that the facts and legal issues raised in the petitioners' Notice of Motion dated 14th December 2012 were identical to those in Malindi Land Case Number 168 of 2012. The court, having already ruled on the same issues in the related case, allowed the petitioners' application as prayed. The court further advised the parties to consider consolidating the two suits for efficient determination, given the overlap in facts and law.
Court Disposition
Application allowed as prayed.
Orders
- The Petitioners' Notice of Motion dated 14th December 2012 is allowed as prayed.
- Parties should consider consolidating this Petition with Malindi Land Case Number 168 of 2012 and take directions accordingly.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT
AT MALINDI
PETITON NO. 18 OF 2012
IN THE MATTER OF: ARTICLES 22, 23, 27, 40, 47, 60, 63, & 258 OF THE
CONSTITUTION OF KENYA, 2010
AND
IN THE MATTER OF: CONTRAVENTION OF FUNDAMENTAL RIGHS &
FREEDOMS UNDER ARTICLES 27, 40, 47, 60 & 63
OF THE CONSTITUTION OF KENYA, 2010
BETWEEN
PHILIP SUBILI RIGHO & 8 OTHERS.....................................PETITIONERS
=VERSUS=
1. MICHAEL SETH KASEME
2. HASSAN BARISA KALIME
3. SAMUEL KINGI MWANGI
4. COUNTY COUNCIL OF TANA RIVER................................RESPONDENTS
R U L I N G
The Petitioners' Notice of Motion dated 14th December 2012 is allowed as prayed.
The reasons for this Ruling are in my Ruling of today's date in Malindi Land Case Number 168 of 2012; Bahola Mkalindi Rhigho -vs- Michale Seth Kaseme & 2 Others.
The facts and the law in the Petitioners' Notice of Motion dated 14th December 2012 and Land Case No. 168 of 2012 are the same.
The parties in this Petition and in Land Case Number 168 of 2012 should consider consolidating the two suits and take directions to that effect.
Dated and Delivered in Malindi this 27th day of September,2013
O. A. Angote
Judge