Danson Ndegwa (Suing as the Chairman of Jacob Chege drive neighbours association) v Raphaela Anselmina Ruggieri & 2 others [2015] KEELC 779 (KLR)
- Court
- Environment & Land Court
- Case number
- 779
- Citation
- [2015] KEELC 779 (KLR)
- Decided
- 27 March 2015
The court declines to grant the orders sought in the plaintiffs notice of motion and directs that each party shall bear their own costs of all the application.
Facts
The plaintiff, Danson Ndegwa, claims that the access road to land parcels L.R.1160/347 and L.R.1160/348 was never intended to serve as a public road of access but rather was meant to serve the two properties. The defendants, the officials of the Daughters of St. Anne, claim that the access road is a public road and that they have the right to use it.
Issues
- Whether the access road is a public road of access
- Whether the defendants have the right to use the access road
Reasoning
The court finds that the defendants have the right to use the access road as it was approved by the Nairobi City Council and the NEMA Environmental Impact Assessment Licence. The plaintiffs have not demonstrated that the City Council's decision to grant the change of user was irregular, illegal, or unlawful.
Outcome
Appeal dismissed
Authorities cited
Legislation (1)
- Physical Planning Act
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