Josiah Kariuki Karimi v Nairobi City County [2021] KEELC 3391 (KLR)
- Court
- Environment & Land Court
- Case number
- 3391
- Citation
- [2021] KEELC 3391 (KLR)
- Decided
- 29 April 2021
The court finds that the plaintiff has proved his case on a balance of probabilities and issues a permanent injunction against the defendant.
Facts
The plaintiff, Josiah Kariuki Karimi, sought a permanent injunction against the Nairobi City County for not issuing him leases in respect of three plots. The defendant, Nairobi City County, did not file a defence. The plaintiff exhibited sale agreements and powers of attorney to prove his purchase of the plots.
Issues
- Whether the plaintiff is entitled to leases in respect of the suit plots.
- Whether the plaintiff is entitled to general damages.
Reasoning
The plaintiff's case is uncontroverted. The defendant did not file a defence. The plaintiff has exhibited sale agreements and powers of attorney to confirm his purchase of the plots. The court finds that the plaintiff is entitled to a permanent injunction.
Outcome
Judgment in favor of the plaintiff
Orders
- A permanent injunction is issued against the defendant to restrain them from interfering with and issuing allotment letters, agreements for lease, and documents to third parties in respect of the plaintiff's plots.
Remedies
- A permanent injunction
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