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Weston Hotel Seeks Dismissal of Land Ownership Dispute

N

Nyakundi Report

Newsroom 1 min read

This archive report was first published on 6 August 2020.

On August 6, 2020, Weston Hotel filed a petition with the Environment and Land court, seeking to strike out a land ownership dispute with the Kenya Civil Aviation Authority (KCAA).

Senior Counsel Ahmednassir Abdullahi, representing Weston Hotel, argued that the court lacks jurisdiction to determine the dispute, citing the Constitution of 2010 and the National Land Commission.

The hotel claimed that the dispute had already been determined by a commission of competent jurisdiction and that the KCAA had failed to follow the proper procedure for seeking redress.

According to Ahmednassir, the KCAA had voluntarily filed a claim with the National Land Commission on October 29, 2018, and had received a determination from the commission on February 1, 2019.

However, instead of appealing the determination to the Environment and Land court, the KCAA filed a fresh petition, which Weston Hotel argues is a misuse of the court process.

Weston Hotel director Michael Nzile filed an affidavit in support of the application, urging the court to dismiss the KCAA's petition in the interest of justice.

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