Le Pleiadi Investment Limited v Athur & 7 others (Environment and Land Appeal E029 of 2023 & Environment and Land Case E040 of 2023 (Consolidated)) [2025] KEELC 8267 (KLR) (20 November 2025) (Directions) Neutral citation: [2025] KEELC 8267 (KLR) REPUBLIC OF KENYA IN THE ENVIRONMENT AND LAND COURT AT MALINDI ENVIRONMENT AND LAND APPEAL E029 OF 2023 & ENVIRONMENT AND LAND CASE E040 OF 2023 (CONSOLIDATED) EK MAKORI, J NOVEMBER 20, 2025 BETWEEN LE PLEIADI INVESTMENT LIMITED ................................................... PLAINTIFF AND ABDULLAHI DAKANE ATHUR ................................................... 1ST DEFENDANT MOHAMMED ABDULLAHI SHEIKH ......................................... 2ND DEFENDANT COUNTY LAND REGISTRAR OF TITLES MOMBASA ........... 3RD DEFENDANT DIRECTOR OF PHYSICAL PLANNING, KILIFI COUONTY . 4TH DEFENDANT DIRECTOR OF SURVEY ................................................................ 5TH DEFENDANT COUNTY GOVERNMENT OF KILIFI ......................................... 6TH DEFENDANT NATIONAL LAND COMMISSION .............................................. 7TH DEFENDANT LIVINGSTONE KAMANDE GITAU ............................................. 8TH DEFENDANT DIRECTIONS 1. An application for contempt was filed dated 10/11/2025. 2. Based on the materials filed by parties, the court directed the Deputy Registrar visit the ground. She did. She filed a report. It is dated 10th November, 2025. 3. In part, the report reads: The access road is open at the near entrance. Further down the access road, there is a fiattened debris but still the road is open. https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/8267/eng@2025-11-20 1
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Conclusion The access road is open. 4. The Deputy Registrar took photographs. 5. Can file a protest afidavit by Odapa Counsel for the Applicant. That the access land and the heap were recovered to pave way to hoodwink to court that the access land was open. 6. Mr. Nyongesa contend that there are no orders in place for that road to be open. The ones issued by the Land Court lapsed. Those by this court also lapsed when an appeal was determined. 7. I need not go back and forth on this matter. Let the status quo on the ground be maintained. Access road be opened as we proceed to full trial. 8. In gorging eye on the back, let the access road remain open. The mutation, the substitution of the suit. Let us go to full trial, 9. Consequently, all pending issues initially the pending application for contempt spent. 10. Coast in the cause. DATED, SIGNED, AND DELIVERED VIRTUALLY AT MALINDI ON 20TH NOVEMBER, 2025. E. K. MAKORI JUDGE In the presence of; Mr. Otara for the 1st and 2nd Defendants. Mr. Nyongesa for the Plaintifi. Mr. Nuru holding brief for Mr. Makworo for 8th Defendant. Mr. Kiilu for the 7th Defendant. Ms. Abubakar for 6th Defendant. Happy: Court Assistant. https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/8267/eng@2025-11-20 2
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