High Court Civil Case No. 171 of 2014 Mutanga Tea & Coffee Company Ltd Vs - Shikara Limited & Municipal Council of Mombasa

The issue was whether the High Court has jurisdiction to adjudicate a suit seeking orders to nullify a development permission issued by the local government under the Physical Planning Act and an injunction to the developer from proceeding with construction works.


Dr. Wamuti Ndegwa represented the developer who was the Defendant.


Dr. Ndegwa successfully applied the principle that the High Court (now ELC) does not have the primary jurisdiction to adjudicate in disputes where a statute provides an alternative process for adjudicating or alternative remedy.


The suit was struck out and the costs of the case awarded to the defendant developer.


Judgement delivered on July 12, 2012 and reported in http:www.kenyalaw.org in 2012 eKLR.

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