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ASHMI INVESTMENT LIMITED V. RIAKINA LIMITED & NATIONAL LAND COMMISSION

(2024) JELR 112246 (SC)

Supreme Court  •  PETITION NO. E014 OF 2023  •  28 Jun 2024  •  Kenya

Coram
Koome, CJ & P Mwilu, DCJ & VP Ibrahim, SCJ Wanjala, SCJ Lenaola SCJ

Appearances
Prof. Tom Ojienda (SC) and Ms. Misiati for the Appellant (Prof. Tom Ojienda & Associates) Mr. Isaac Aloo for the 1st Respondent (A.I. Onyango & Co. Advocates) No appearance for the 2nd Respondent.

Judgement
<p style="text-align: center"><strong><u>JUDGMENT OF THE COURT</u></strong></p><p><strong>A.         INTRODUCTION</strong></p><p><strong>[1]   </strong>The appellant, Ashmi Investment Limited, vide its Petition of Appeal dated 4th May, 2023 and filed on 19th May, 2023 challenges the ruling of the Court of Appeal made on 14th April 2023. In the ruling, the Court of Appeal declined to review and set aside its judgment and orders made on 19th November, 2021 in <strong><em>Civil Appeal No. 384 of 2019, </em></strong>affirming the judgment of the Environment and Land Court (ELC) in <strong><em>Civil Suit ELC No. 646 of 2014</em></strong>. The net effect of the impugned decision is that the appellant’s survey deed plan and resultant title to the suit properties - LR Nos. 29957 and 29955 were cancelled. The Court of Appeal also agreed with the learned trial Judge of the ELC that the property was not available for allotment to the appellant and that the titles processed in favour of the appellant could not stand, the same having been issued during the pendency of the suit.</p><p style="text-align: justify"><strong>[2]   </strong>The appeal invokes this Court’s jurisdiction under Article 163 (4)…</p>

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