King Post Limited v City Council of Nairobi [2018] KEELC 2876 (KLR)
- Court
- Environment & Land Court
- Case number
- 2876
- Citation
- [2018] KEELC 2876 (KLR)
- Decided
- 19 June 2018
The Court held that the Plaintiff is the registered owner of the land LR.No.1870/IV/42 and that the Defendant's Enforcement Notice is null and void.
Facts
The Plaintiff, Kingpost Limited, claimed ownership of LR.No.1870/IV/42 in Westlands, Nairobi. The Plaintiff alleged that it had obtained all necessary construction approvals and had completed a tourist development complex on the land. The Defendant, City Council of Nairobi, issued an Enforcement Notice alleging that the Plaintiff had violated the Physical Planning Act.
Issues
- Ownership of land LR.No.1870/IV/42
- Validity of Enforcement Notice issued by the Defendant
Reasoning
The Court found that the Plaintiff had been issued a Certificate of Title and had obtained all necessary approvals for the construction. The Defendant's Enforcement Notice was found to be invalid as the Plaintiff had not violated the Physical Planning Act.
Outcome
The Plaintiff's claim for a permanent injunction and declaration of the Enforcement Notice as null and void was upheld.
Orders
- A permanent injunction against the Defendant and its agents, servants, employees to refrain from entering LR.No.1870/IV/42 and issuing any enforcement notices.
- A declaration that the Enforcement Notice dated 10th July 2008 issued by the Defendant against the Plaintiff is oppressive, ineffectual and therefore null and void.
Remedies
- General damages for trespass and nuisance.
- Costs and interest on the above.
Authorities cited
Legislation (2)
- Physical Planning Act, Cap 286 Laws of Kenya
- Land Registration Act 2012
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