Regional Container Freight Stations Ltd v Kenya Ports Authority [2019] KEELC 1075 (KLR)
- Court
- Environment & Land Court
- Case number
- 1075
- Citation
- [2019] KEELC 1075 (KLR)
- Decided
- 15 October 2019
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLand DisputePostureApplication for Temporary InjunctionCoramC.K. YANO
Holding
The application is allowed with costs, and the Plaintiff is granted a temporary injunction.
Facts
Regional Container Freight Stations Ltd (Plaintiff) seeks an injunction against Kenya Ports Authority (Defendant) to prevent them from re-entering, trespassing, onto, cultivating, interfering with or in any other manner whatsoever dealing with the suit land MI/BLOCK XLVII/157 and MI/BLOCK XLVII/10. The Plaintiff claims that the Defendant has blocked its access road, unlawfully demolished its wall, and denied it an easement.
Issues
- Whether the allocation of part of MI/BLOCK XLVII/10 to the Plaintiff was irregular.
- Whether the Defendant has denied the Plaintiff an easement without due process.
Reasoning
The Plaintiff has established a prima facie case and is likely to suffer irreparable loss. The balance of convenience lies with the Plaintiff.
Outcome
Allowed with costs
Orders
- Temporary injunction restraining the Defendant from re-entering, trespassing, onto, cultivating, interfering with or in any other manner whatsoever dealing with the suit land MI/BLOCK XLVII/157 and MI/BLOCK XLVII/10 pending hearing and determination of this application.
Remedies
- Temporary injunction
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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