Sandalwood Lenana Limited v Chief Executive, Nairobi County & 3 others [2019] KEELC 4796 (KLR)
- Court
- Environment & Land Court
- Case number
- 4796
- Citation
- [2019] KEELC 4796 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLand SuitPostureAppeal from a lower court decisionCoramMakhandia
Holding
The plaintiff's application for stay is not granted, and the application is dismissed with costs to the 4th defendant.
Facts
The plaintiff, Sandalwood Lenana Limited, owns a parcel of land along Lenana Road, Nairobi. The 4th defendant, Bayside Limited, is constructing a sewer line from their land to a public manhole adjacent to the plaintiff's land. The plaintiff objects to the project.
Issues
- Prohibitory injunction against the 4th defendant
- Mandatory injunction to fill trenches
- Prohibitory injunction against 1st, 2nd, and 3rd defendants to not approve the 4th defendant's project
- Declaration that approvals granted by 1st, 2nd, and 3rd defendants are unlawful
- Mandatory injunction to cancel approvals
Reasoning
The court dismissed the application for stay as the order was a negative order incapable of execution.
Outcome
The plaintiff's application for stay is denied.
Orders
- Application for stay is denied.
- Application dismissed with costs to the 4th defendant.
Authorities cited
Cases cited (2)
- Kanwal Sarjit Singh Dhiman v Keshavji Jivraj Shah [20008] eKLR
- Raymond M. Omboga v Austine Pyan Maranga Kisii HCCA No 15 of 2010
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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