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Kensalt Limited v. Water Resources Management Authority

(2018) JELR 100160 (SC)

Supreme Court  •  Petition (Application) 8 of 2016  •  31 Aug 2018  •  Kenya

Coram
Jackton Boma Ojwang, Isaac Lenaola, Mohammed Khadhar Ibrahim, Smokin C Wanjala, Susanna Njoki Ndungu

Judgement

RULING OF THE COURT

[1] RESTING BEFORE THE COURT are two applications by way of Notice of Motion: one by Krystalline Salt Limited (22 June 2016), and the other by Malindi Salt Limited (27 February 2017). Both applicants are seeking joinder in the substantive appeal by the petitioner, Kensalt Limited.

[2] TO THE SAID APPLICATION, there is a Notice of Preliminary Objection by the respondent in the petition, dated 2nd November, 2016. The objector questions this Court’s jurisdiction to hear the petition.

[3] AS A MATTER OF PROCESS, the learned Deputy Chief Justice and Vice-President of the Court has already, on 25th November, 2016 given directions that the joinder application shall first be disposed of, and thereafter, the jurisdictional objection is to be heard within the framework of the main appellate cause.

[4] IN THE BEGINNING, the respondent had moved the Environment and Land Court at Malindi, claiming against the petitioner herein the sum of Kshs.270,295,759.90, as charges allegedly du…

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