Registered Trustees of the Missionary Sisters of the Precious Blood of Kenya v Goodman Agencies Ltd & another (Environment & Land Case 750 of 2012) [2022] KEELC 2755 (KLR) (22 July 2022) (Judgment)

Facts

The plaintiff, Registered Trustees of the Missionary Sisters of the Precious Blood of Kenya, owns land along David Osieli Road, Westlands, Nairobi. The defendant, Goodman Agencies Ltd, owns adjacent land. The plaintiff's land includes a residential house and additional accommodation, while the defendant's land has a multi-storey office block. The construction of the office block caused damage to the plaintiff's property.

Issues

1. Whether there was negligence on part of the defendants during their execution of construction works on the defendant's property
2. Whether the plaintiff's properties were damaged as a result of the alleged negligence
3. Whether the plaintiff was authorized to run a commercial guest house and commercial garage on the plaintiff's land
4. Whether the plaintiff is entitled to the various limbs of reliefs pleaded and prayed for in the further amended plaint

Reasoning

The court found negligence due to improper underpinning during the defendants' construction works, leading to damage to the plaintiff's property. The court also found that the defendants were not liable for excessive noise and dust.

Outcome

The plaintiff was awarded general damages and fees for technical services. The defendants were ordered to bear the costs of the suit.

Authorities cited