IN THE COURT OF APPEAL
AT MOMBASA
(CORAM: VISRAM, KARANJA, KOOME, JJ.A.)
CIVIL APPEAL NO. 98 OF 2018
BETWEEN
THE DIRECTOR OF PLANNING and ARCHITECTURE,
COUNTY GOVERNMENT OF MOMBASA.....APPELLANT
AND
MAKUPA TRANSIT SHADE LIMITED........RESPONDENT
(Being an appeal from the Ruling and decision of the Land and Environment Court at Mombasa (Komingoi, J.) given on the 24th July, 2017
in
Misc Civil Application No. 11 of 2017)
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JUDGMENT OF KOOME, JA
[1] This is an appeal against a Ruling by Komingoi, J., delivered on 24th July, 2017. A glimpse of the background information shows that Makupa Transit Shade Ltd, (respondent) was engaged in the business of a Container Freight Station at Makupa in Mombasa County. It resolved to expand its cargo handling facility and to that end, it sought and obtained several development approvals from the necessary government agencies between the year 2012 and 2013. In particular, it obtained approval for the reclamation of a portion of 9 acres from t…