Bahati Ridge Management Phase 1A Limited v Sammy Maina Kamau [2021] KEELC 1548 (KLR)
- Court
- Environment & Land Court
- Case number
- 1548
- Citation
- [2021] KEELC 1548 (KLR)
- Decided
- 12 October 2021
The appeal is allowed. The ruling dated 26/11/2020 is set aside. The application is unmerited and dismissed. The Respondent shall meet the costs of the application and the appeal.
Facts
Bahati Ridge Management Phase 1A Limited is the management company of Bahati Ridge Estate, owned by the home owners, including Sammy Maina Kamau. Kamau filed a suit alleging that Bahati Ridge Management prevented him from accessing his property, infringing his right to quiet enjoyment, and causing harassment. He sought a declaration that his property does not include public land and a permanent injunction against blocking access.
Issues
- Whether Bahati Ridge Management prevented Kamau from accessing his property
- Whether Bahati Ridge Management's actions constituted harassment
- Whether the trial court erred in considering issues not in controversy
Reasoning
The court found that the issues raised were not in controversy and that the trial court considered them at the interlocutory stage, leading to an erroneous decision.
Outcome
Appeal allowed
Orders
- Ruling dated 26/11/2020 set aside
- Application unmerited and dismissed
- Respondent meets the costs of the application and appeal
Remedies
- Declaration that Kamau's property does not include public land
- Permanent injunction against blocking access
Loading judgment…