Waas Enterprises Limited v City Council Of Nairobi & another [2014] KEELC 605 (KLR)
- Court
- Environment & Land Court
- Case number
- 605
- Citation
- [2014] KEELC 605 (KLR)
Summary at a glance
TypeCivilPostureAppeal from a judgment of the High Court of Kenya at NairobiCoramMARY M. GITUMBI
The plaintiff's amended plaint is allowed in terms of prayers (b), (bi), (b ii), (c), (d), and (e). Costs are awarded to the plaintiff.
Facts
The plaintiff, Waas Enterprises Limited, sued the City Council of Nairobi and another for eviction, declaration of trespass, demolition of illegal structures, invalidation of a temporary occupational license, and injunctions. The plaintiff also sought damages and mesne profits.
Issues
- Eviction of the 2nd defendant from the suit property
- Declaration of trespass and eviction
- Demolition of illegal structures
- Invalidation of the temporary occupational license
- Permanent injunction
- Damages for loss of business and fraud
- Mesne profits
Reasoning
The court allowed the plaintiff's amended plaint in part, finding that the plaintiff has not proved its case on special damages. The court also ruled on the other prayers.
Outcome
The plaintiff's amended plaint is allowed in part.
Orders
- Eviction of the 2nd defendant from the suit property
- Declaration of trespass and eviction
- Demolition of illegal structures
- Invalidation of the temporary occupational license
- Permanent injunction
- Damages for loss of business and fraud
- Mesne profits
Remedies
- Eviction of the 2nd defendant
- Demolition of illegal structures
- Invalidation of the temporary occupational license
- Permanent injunction
- Damages for loss of business and fraud
- Mesne profits
Authorities cited
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