The Kenya Civil Aviation Authority (KCAA) has renewed its quest to regain ownership of the land on which Weston Hotel sits.
In a new complaint, KCAA claims that Weston obtained orders two years ago suspending the case to pursue an appeal that has not advanced. The application has been filed before the Environment and Lands Courts.
In 2021, Weston proceeded to the Court of Appeal, criticizing Justice Benard Eboso for his insistence on reviewing a petition submitted by KCAA.
In its petition, the state agency contested a National Land Commission report recommending that the President William Ruto-owned hotel pay for the disputed airport land rather than having the property demolished.
Weston argued that the high court lacked jurisdiction to hear the matter and as such sought a dismissal.
However, the court directed that the matter proceed to a full hearing.
Then, Weston moved to the Appellate court where it was granted orders suspending the matter before the lower court.
But according to KCAA, Weston has neglected to pursue the appeal.
“There are no attempts, evidence, showing that Weston has obtained any directions on the appeal and neither has it served upon us any directions for the disposal of its appeal,” court papers show.
KCAA says it is entitled to a fair trial and a prompt resolution of the primary lawsuit, which Weston is limiting because it did not pursue its case in the appeal court.
For the past two years, KCAA claims it has been unable to use the land due to the circumstances in the case.
It requests that the September 2021 orders that suspended the case’s hearing be overturned and that the case be heard as soon as possible.
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