Highway Dynamics Limited v Delamere Flats Limited [2020] KEELC 3529 (KLR)
- Court
- Environment & Land Court
- Case number
- 3529
- Citation
- [2020] KEELC 3529 (KLR)
- Decided
- 17 February 2020
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLand DisputePostureAppeal from a lower court decisionCoramB M Ebose
Holding
The plaintiff's notice of motion is granted, and the defendant is restrained from interfering with the plaintiff's ownership of Flat J21 and from selling or transferring the flat.
Facts
Highway Dynamics Limited claimed ownership of Flat J21 in Delamere Flats, while Delamere Flats Limited demanded service charges. The plaintiff sought an injunction and specific service charge accounts.
Issues
- Ownership of Flat J21
- Service charges and transfer of shares
Reasoning
The court found that the plaintiff demonstrated a prima facie case and that the dispossession of the flat is significant, warranting an injunction rather than damages.
Outcome
The plaintiff's notice of motion is granted.
Orders
- Prohibiting the defendant from interfering with the plaintiff's ownership of Flat J21
- Prohibiting the defendant from selling or transferring Flat J21
- Allowing the plaintiff to continue paying service charges as per the Articles of Association
Remedies
- Injunction
Authorities cited
Legislation (2)
- Articles of Association of Delamere Flats Limited
- Constitution of Kenya 2010
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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