Pius Watene D Maina (suing for and on behalf of the Baptist Convention of Kenya v Director General Kenya Urban Roads Authority & 5 others [2020] KEELC 2289 (KLR)
- Court
- Environment & Land Court
- Case number
- 2289
- Citation
- [2020] KEELC 2289 (KLR)
- Decided
- 2 June 2020
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLand DisputePostureAppeal from an original trial decisionCoramP. M. NJOROGE
Holding
The court grants prayers 2 and 4, and directs the plaintiff to serve the orders upon the defendants within 10 days, and for full compliance with order 11, CPR within 21 days.
Facts
The Baptist Convention of Kenya owns land parcel LR KARINGANI/NDAGANI/594. The Kenya Urban Roads Authority marked and demolished buildings on the land, leading to a court injunction. The buildings were later valued at Ksh 23,188,000.
Issues
- Validity of the demolition
- Enforcement of the injunction
- Boundary determination
Reasoning
The court finds that the defendants violated due process and ordered the plaintiff to fully comply with the injunction and the court's order regarding the boundary.
Outcome
Appeal upheld
Orders
- Grant prayers 2 and 4
- Serve orders within 10 days
- Full compliance with order 11, CPR within 21 days
Remedies
- Injunction enforcement
- Boundary determination
Authorities cited
Legislation (4)
- Civil Procedure Act
- Land Registration Act
- Order 40 Rule 1
- Order 51 Rule 1
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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