Zoa Limited v Arvind Mani & 2 other [2020] KEELC 1040 (KLR)
- Court
- Environment & Land Court
- Case number
- 1040
- Citation
- [2020] KEELC 1040 (KLR)
The Applicant's application lacks merit and is hereby dismissed with costs to the Respondent.
Facts
Zoa Limited filed a Notice of Motion seeking an injunction against Arvind Mani to stop construction on LR No.7158/447. Arvind Mani had entered into a consent with Zoalimited to stop construction until he obtained all the requisite approvals and licenses. After obtaining the approvals, Arvind Mani continued with the construction.
Issues
- Whether the Applicant has demonstrated a prima facie case to warrant issuance of an injunction.
- Whether the 2nd and 3rd Respondents applied the necessary criteria before granting approvals.
Reasoning
The 1st Respondent obtained all the requisite approvals and continued with the construction. The court found that the risk to the 1st Respondent was a fine or imprisonment, not an injunction. The court also stated that the Applicant was free to ventilate its grievances before the National Environment Tribunal and County Physical and Land Use Planning Liaison Committee.
Outcome
Application dismissed with costs
Authorities cited
Legislation (1)
- Physical and Land Use Planning Act
Cases cited (1)
- Deepak Harakch & another Vs Anmol Limited & 4 others (2018) e KLR
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