Republic v County Council of Masaku Ex-parte David Kitema Ndolo [2017] KEELC 965 (KLR)
- Court
- Environment & Land Court
- Case number
- 965
- Citation
- [2017] KEELC 965 (KLR)
- Decided
- 9 November 2017
The court finds that the Respondent did not give the Applicant a fair hearing before making a decision to demolish his building. The court grants the Applicant's request to demolish his building.
Facts
The Applicant, David Kitema Ndolo, bought a piece of land developed by the seller. The Respondent, County Council of Masaku, informed the Applicant to pull down the building within 14 days, threatening to do so if not complied with. The Interested Party, Louise Kamene David, claimed the land was public land.
Issues
- Whether the Respondent had the authority to demolish the Applicant's building without hearing him.
- Whether the Respondent's decision to demolish the building was based on valid reasons.
Reasoning
The court notes that the Respondent did not inform the Applicant of the decision to demolish his building and did not give him a chance to be heard. The court also found that the Respondent's claim that the land was public land was not communicated to the Applicant.
Outcome
The court grants the Applicant's request to demolish his building.
Orders
- The Respondent is ordered to allow the Applicant to demolish his building.
Remedies
- The Respondent is ordered to allow the Applicant to demolish his building.
Loading judgment…