Physical Planning And Environmental Law

Civil Appeal Civil Appeal No 54 of 2014: Mutanga Tea & Coffee Company Ltd v Shikara Limited & Another

In the Court of Appeal, Dr. Wamuti Ndegwa represented the respondent developer against the by the objector. Dr. Ndegwa successfully defended and obtained a judgement dismissing the appeal and holding amongst other things that,

 

  1. The Physical Planning Act does not allow a person who is challenging a Development Permission to sidestep the elaborate dispute resolution procedures and take the grievance to the High Court (or E.L.C). The persons including owners of adjacent properties who claim that they were not served with notice of application for change of user or the application for development permission are not entitled to ignore the provisions of the Physical Pl...


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High Court Civil Case No. 171 of 2014 Mutanga Tea & Coffee Company Ltd Vs - Shikara Limited & Municipal Council of Mombasa

The issue was whether the High Court has jurisdiction to adjudicate a suit seeking orders to nullify a development permission issued by the local government under the Physical Planning Act and an injunction to the developer from proceeding with construction works.

 

Dr. Wamuti Ndegwa represented the developer who was the Defendant.

 

Dr. Ndegwa successfully applied the principle that the High Court (now ELC) does not have the primary jurisdiction to adjudicate in disputes where a statute provides an alternative process for adjudicating or alternative remedy.

 

The suit was struck out and the costs of the case awarded to the defendan...


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