Ariko Odero Ochola v County Government of Kwale [2020] KEELC 2963 (KLR)
- Court
- Environment & Land Court
- Case number
- 2963
- Citation
- [2020] KEELC 2963 (KLR)
- Decided
- 22 April 2020
The application is dismissed but no orders as to costs are made since it was not defended.
Facts
The plaintiff applied for and obtained approval from the County Government of Kwale for the construction of a four-storied building on the suit land. In 2016, he sought to extend his building by adding one more storey and an additional penthouse, which required further approval. The plaintiff claims that the defendant issued an enforcement notice to stop the unapproved plans, but the plaintiff did not mention this in his plaint or supporting affidavit.
Issues
- Whether the plaintiff has disclosed all material facts in his application
- Whether the plaintiff is entitled to an interim injunction pending the hearing and determination of the main suit
Reasoning
The court finds that the plaintiff has not disclosed all material facts in his application and that the defendant had been duly served but failed to respond to the application in time.
Outcome
Appeal dismissed
Authorities cited
Legislation (2)
- Physical Planning Act
- Civil Procedure Act
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