Pwani Oil Products Limited v Kenya National Highway Authority & another [2020] KEELC 1706 (KLR)
- Court
- Environment & Land Court
- Case number
- 1706
- Citation
- [2020] KEELC 1706 (KLR)
- Decided
- 13 July 2020
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureApplication for injunctive reliefCoramC.K. YANO
Holding
The application lacks merit and is dismissed with costs to the respondents.
Facts
Pwani Oil Products Limited (applicant) seeks a temporary injunction restraining Kenya National Highway Authority and National Lands Commission from interfering with its property JOMVU MN/VI/678 and JOMVU MN/VI/696. The applicant claims the properties are grossly undervalued and faces potential demolition for road expansion.
Issues
- Whether the applicant has made a prima facie case for injunctive relief.
- Which valuation should be used for compensation: the applicant's or the respondents'
Reasoning
The court finds the applicant has not demonstrated irreparable harm and the balance of convenience favors the respondents' project.
Outcome
Application dismissed
Authorities cited
Legislation (2)
- Civil Procedure Act
- Environment and Land Court Act
Cases cited (1)
- Mra0 Ltd-v-First American Bank of Kenya Limited & 2 Others (2003) KLR 125
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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