Republic v Ocunty Government of Kisumu Ex Parte; Transmattress Limited [2020] KEELC 2828 (KLR)
- Court
- Environment & Land Court
- Case number
- 2828
- Citation
- [2020] KEELC 2828 (KLR)
- Decided
- 28 April 2020
The court quashed the respondent's notice and prohibited the respondent from carrying out the threat to demolish the applicant's building structures and premises.
Facts
Trans-mattresses Ltd applied for judicial review against the County Government of Kisumu regarding a notice to demolish their building structures on the suit property. The applicant claimed to be the registered proprietor of the land, having acquired it legally, taken possession, developed, and paid land rates and rents. The respondent demolished a wall surrounding the suit land, claiming it was on an access road, and the applicant disputed this.
Issues
- Whether the respondent's notice to demolish the applicant's building structures is valid
- Whether the respondent can carry out the threat to demolish the applicant's premises
Reasoning
The court found that the applicant is the registered proprietor of the suit property and that the respondent's demolition of the wall was not on an access road, thus the notice was invalid.
Outcome
Judgment in favor of the applicant
Orders
- Quashing the respondent's notice to demolish the applicant's building structures
- Prohibiting the respondent from carrying out the threat to demolish the applicant's premises
Remedies
- Quashing the notice and prohibiting the respondent from demolishing the applicant's structures
Authorities cited
Legislation (1)
- Fair Administrative Action Act 2015
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