Municipal Council of Kisumu v Mayfair Holdings Limited (Civil Appeal 124 of 2018) [2023] KECA 844 (KLR) (7 July 2023) (Judgment)
- Court
- Court of Appeal
- Case number
- 844
- Citation
- [2023] KECA 844 (KLR)
- Decided
- 7 July 2023
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from the judgment of the Environment and Land Court in KisumuCoramAs Tuiyott, Kiage, Kibunja, Madan, Mumbi Ngugi, Tuiyott
Holding
The court upheld the respondent's claims and ordered the appellant to remove or demolish structures obstructing the respondent's access road.
Facts
The respondent claimed that the appellant, which had the legal mandate to control developments in the area, had breached its duty by constructing or authorizing the construction of a structure on Kibiki Road that blocked access to the respondent's property and served as a service lane.
Issues
- Whether the appellant should be restrained from interfering with the respondent's quiet possession and enjoyment
- Whether the appellant should be compelled to remove or demolish structures obstructing the respondent's access road
Reasoning
The court found that the appellant had breached its duty to the respondent by constructing a structure on Kibiki Road that blocked access to the respondent's property and served as a service lane.
Outcome
Appeal upheld
Orders
- An order of permanent injunction
- An order of mandatory injunction
- An order to remove or demolish structures obstructing the access road
Remedies
- Removal or demolition of structures obstructing the access road
- Engagement of County Land Registrar and Surveyor to determine the ground boundaries and structures obstructing the access road
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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