Patrick Mathenge & 5 others (All suing as officials of Bosto Road Residents Association (Registered as Bogani Road Karen Residents Association) v Resilient Ivestment Limited & 2 others [2018] KEELC 2118 (KLR)
- Court
- Environment & Land Court
- Case number
- 2118
- Citation
- [2018] KEELC 2118 (KLR)
- Decided
- 10 July 2018
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureAppeal from the original trialCoramK. BOR
Holding
The Court finds in favor of the Plaintiffs and orders the Defendants to cease all development activities on the land pending the hearing and determination of the suit.
Facts
The Plaintiffs are residents of Bosto Road Residential Area and claim the land is designated for residential use. The Defendants are developing a hospital and a water borehole on the land, which the Plaintiffs claim is illegal.
Issues
- Whether the Defendants are entitled to develop a hospital and a water borehole on the land
- Whether the Plaintiffs are entitled to a temporary and permanent injunction to restrain the Defendants
Reasoning
The Court rules that the land is designated for residential use and the Defendants' development activities are illegal.
Outcome
Judgment in favor of Plaintiffs
Orders
- Order for temporary injunction to restrain Defendants from developing a hospital and a water borehole on the land
Remedies
- Permanent injunction to restrain Defendants from carrying out developments and building a hospital on the Suit Property and drilling a borehole for commercial purposes and carrying out the water vending business until the suit is heard and determined
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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