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TAIB Investments Limited v Fahim Salim Said & 5 others

Country/Territory
Kenya
Type of court
National - higher court
Date
Mar 8, 2016
Source
UNEP, InforMEA
Court name
High Court of Kenya
Seat of court
Mombasa
Judge
Omolla A.; Angote O. A.
Reference number
No.37 of 2016
Language
English
Subject
Land & soil, Environment gen., Legal questions
Abstract

The Notice of Preliminary Objection dated 24th March 2016, is seeking to have the suit struck out with costs on the ground that this suit relates to a decision that was made by the National Environment Management Authority (NEMA).

According to the Court, the court will have to deal with the disputed facts and documents before it to make a determination as to whether indeed there was material non-disclosure on the part of the Plaintiff. That cannot be dealt with by way of a Preliminary Objection. For those reasons, the Court dismisses Defendants' Preliminary Objection dated 24th March, 2016 with costs.

(Source: Kenya Law http://kenyalaw.org/caselaw/cases/view/120883/ last accessed 15-05-2018)

Full text
TAIB Investments Limited v Fahim Salim Said & 5 others.pdf
kenyalaw.org
Website
kenyalaw.org