Broadlands Kenya Limited v City Council of Nairobi & 6 others [2020] KEELC 511 (KLR)
- Court
- Environment & Land Court
- Case number
- 511
- Citation
- [2020] KEELC 511 (KLR)
- Decided
- 20 February 2020
The court found that the defendants trespassed on the plaintiff's land and ordered a permanent injunction to prevent further encroachment, but did not award general damages for trespass as the plaintiff's claim for a commercial building was not supported by evidence.
Facts
The plaintiff, Broadlands Kenya Limited, claimed that the defendants, including the City Council of Nairobi and six others, trespassed on the plaintiff's land, Parcel No. Nairobi/Block 72/2918, on August 26, 2008. The defendants demolished a perimeter fence and other structures on the property and removed the plaintiff's movable properties. The plaintiff alleged that the defendants intended to clear the land for an Econet Wireless Kenya Limited Mast, claiming it was public land.
Issues
- Whether the defendants encroached on the plaintiff’s land
- Whether the plaintiff is entitled to the reliefs sought
- Who should bear costs
Reasoning
The court acknowledged the plaintiff's ownership of the land and the defendants' trespass, but ruled against the plaintiff on the claim for general damages due to lack of evidence supporting the intended commercial building.
Outcome
The court upheld the injunction but did not grant general damages.
Orders
- A permanent order of injunction restraining the defendants from further encroaching on the plaintiff's property
Authorities cited
Cases cited (1)
- Nakuru Industries Ltd vs S S Mehta & Sons (2016) eKLR
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