FREEDOM LIMITED V. OMAR AWADH MBARAK & HON. ATTORNEY GENERAL ON BEHALF OF CABINET SECRETARY,
MINISTRY OF LANDS, PUBLIC WORKS, HOUSING AND URBAN
DEVELOPMENT, CHIEF LAND REGISTRAR, DIRECTOR OF SURVEY, DIRECTOR, LAND ADMINISTRATION (PROPOSED INTERESTED PARTY)
(2022) JELR 112366 (SC)
Supreme Court
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PETITION NO. E009 OF 2024
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2 Aug 2022
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Kenya
Coram
PHILOMENA M. MWILU, DCJ & VP
MOHAMMED K. IBRAHIM, SCJ
NJOKI S. NDUNGU, SCJ
ISAAC LENAOLA, SCJ
WILLIAM OUKO, SCJ
Appearances
Anjarwalla & Khanna LLP for the Appellant.
Muturi Gakuo & Kibara & Co. Advocates for the Respondent.
Attorney General for the Proposed Interested Party.
Judgement
<p style="text-align: center"><strong><u>RULING OF THE COURT</u></strong></p><p style="text-align: justify"><strong>[1] UPON PERUSING </strong>the Notice of Motion dated 20th May 2024, and filed on 24th May 2024 by the Proposed Interested Party (the Applicant) pursuant to Section 24 of the Supreme Court Act 2011, Rules 3(1), (2), (4) and (5), 24 and 31 of the Supreme Court Rules 2020, and Direction 55(a) of the Supreme Court (General) Practice Directions 2020; seeking <em>leave for admission as an interested party; thereafter, an opportunity to file a response and submissions to the petition upon service; </em>and <em>costs incidental to the application be provided for</em>; and</p><p style="text-align: justify"><strong>[2] UPON CONSIDERING </strong>the grounds on the face of the application, and the supporting affidavit sworn by <em>David Nyandoro Nyambaso</em>, the Chief Land Registrar, on 14th May 2024, to the effect that the property awarded by the Court of Appeal in <strong><em><u>Omar Awadh Mbarak vs. Freedom Limited,</u> </em></strong>Mombasa Civil Appeal No. E028 of 2022 no longer exists; that the applicant was not a party to the proceedings both in the Environment and Land Court or before…</p>