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ATTAIN ADVISORY CONSULTANTS LIMITED
V.
NAIROBI CITY COUNTY, MUMTAZ HAWA D/O ABDULREHMAN MOHIDIN HAWA, AMINA HAWA D/O ABDUL REHMAN MOHIDIN HAWA & MOHIDIN S/O ABDUL REHMAN MOHIDIN HAWA

(2019) JELR 105986 (CA)

Court of Appeal 22 Nov 2019 Kenya
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Case Details

Suit Number:Civil Appeal 94 of 2018
Judges:Erastus Mwaniki Githinji, William Ouko, Sankale ole Kantai
Location:Nairobi
Other Citations:Attain Advisory Consultants Limited v. Nairobi City County, Mumtaz Hawa D/O AbdulRehman Mohidin Hawa, Amina Hawa D/O Abdul Rehman Mohidin Hawa & Mohidin S/O Abdul Rehman Mohidin Hawa [2019] eKLR

JUDGMENT OF THE COURT

[1] This is an appeal from the Ruling and Order of the Environment and Land Court (ELC) (E.O. Obaga, J) delivered on 22nd February, 2018 in which the learned judge rejected the appellant’s objection to adoption of a consent letter as Ruling and Order of the Court and consequently adopted the consent dated 20th December, 2017 as an order of the court.

[2] The said consent letter was based on the notice of motion dated 28th January, 2016 as amended on 19th October, 2017. The amended notice of motion was filed by Mumtaz Hawa; Abdul Amina Hawa and Mohidin, the 2nd, 3rd and 4th respondents in the appeal. By the amended notice of motion, the 2nd, 3rd and 4th respondent asked the court;

a. to stay the enforcement of orders granted by L. Gacheru, J. on 4th June 2014 and 6th November 2014 and all consequential processes arising from the said orders;

b. to review set aside and discharge the said orders;

c. to set aside the purported public auction and sale of LR No. 209/40/3 to…

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