Erdemann Property Limited v Safaricom Staff Pension Scheme Registered Trustees [2020] KEELC 2134 (KLR)
- Court
- Environment & Land Court
- Case number
- 2134
- Citation
- [2020] KEELC 2134 (KLR)
- Decided
- 5 June 2020
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureApplication for Temporary InjunctionCoramO.A. ANGOTE
Holding
The Plaintiff's Application for a temporary injunction is allowed.
Facts
Erdemann Property Limited sought a temporary injunction to prevent Safaricom Staff Pension Scheme Registered Trustees from excavating and demolishing a sewer line constructed for the Great Wall Gardens Project. The Plaintiff claimed the approvals for the sewer line were irregular and that negotiations were ongoing to settle the dispute.
Issues
- Whether the Plaintiff has established a prima facie case for the injunction
- Whether the Defendant has the mandate to demolish the sewer line
Reasoning
The court found that the Plaintiff has established a prima facie case and that there are serious questions to be tried in the matter, including the mandate to construct public roads.
Outcome
The Plaintiff's Application for a temporary injunction is allowed.
Orders
- An order of temporary injunction be and is hereby granted restraining the Defendant from excavating and or demolishing, destroying the sewer line
Remedies
- The Defendant to pay the costs of the Application.
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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