Orbit Chemical Industries Ltd v Nairobi City County & 3 others (Environment & Land Case E401 of 2021) [2022] KEELC 2503 (KLR) (7 July 2022) (Ruling)
- Court
- Environment & Land Court
- Case number
- 2503
- Citation
- [2022] KEELC 2503 (KLR)
- Decided
- 7 July 2022
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeInjunction ApplicationPostureAppeal from the original trial outcomeCoramO. A. Angote
Holding
The application is dismissed but with no order as to costs.
Facts
Orbit Chemical Industries Ltd sought an injunction against Nairobi City County, Nairobi Metropolitan Services, and Ann Kananu Mwend and Mohamed Badi, claiming they were trespassing on its property L. R. No. 12425, which it had sub-divided into Nairobi Block 263/1 to 263/1339. The defendants had previously been ordered to vacate the property in a 2006 High Court ruling.
Issues
- Trespassing on the plaintiff's property
- Subdivision and possession of the property
- Security and compliance with court orders
Reasoning
The 2006 High Court ruling declaring that no person may enter or remain on the suit property save with the plaintiff's leave suffices for restraining the defendants from interfering with the property. The plaintiff failed to file another application for injunctive orders.
Outcome
Appeal dismissed
Authorities cited
Cases cited (1)
- High Court Misc. Civil Application Number 784 of 1996 (2006)
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