Customer Support

NAKUMATT HOLDINGS LIMITED & ANOTHER
V.
IDEAL LOCATIONS LIMITED

(2018) JELR 98617 (CA)

Court of Appeal 7 Jun 2018 Kenya
BriefBot icon

BriefBot Summary

Free

Get an AI-generated summary of this case.

Case Details

Suit Number:Civil Appeal (Application) 30 of 2018
Judges:Alnashir Ramazanali Magan Visram JA Martha Karambu Koome JA Wanjiru Karanja JA
Location:Mombasa
Other Citations:Nakumatt Holdings Limited & another v. Ideal Locations Limited [2018] eKLR

RULING OF THE COURT

1. Pursuant to a suit filed at the instance of the respondent, that is, E.L.C Case No. 10 of 2017, the Environment and Land Court (ELC) vide a ruling dated 5th March, 2018 ordered the eviction of the 1st appellant from L.R No. 14407 and 16988, Section 1/Mainland/North wherein it was operating its business. Aggrieved with that decision, the appellants filed an appeal which is still pending determination.

2. Meanwhile, the appellants by an application dated 24th April, 2018 seek inter alia:

a. Leave to amend the memorandum of appeal lodged alongside the record of appeal filed on 15th March, 2018.

b. Leave to file a further supplementary record of appeal.

3. The application is anchored on the grounds that the appellants wish to introduce an additional ground of appeal in the memorandum of appeal to wit:

“The learned Judge erred in law and fact, in generally allowing prosecution of the respondent’s Notice of Motion Application dated 23/11/2017, and indeed, allowing the prose…

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 77,000 cases, recent judgments, statutes, and rules of court.