Yussuf v Buxton Point Apartment Limited & another (Environment & Land Case 200 of 2021) [2022] KEELC 3669 (KLR) (28 April 2022) (Ruling)

Summary at a glance

Facts

The Plaintiff, Ibrahim Hassan Yussuf, sought an injunction against the Defendants, Buxton Point Apartment Limited and County Government of Mombasa, claiming that the Defendants had improperly sub-leased a plot of land and that the Plaintiff's title to the land was irregular.

Issues

• Whether the Plaintiff's title to the land was valid and whether the Defendants had the right to sub-lease the land.
• Whether the Plaintiff was entitled to an injunction to prevent the Defendants from developing the land.
• Whether the Plaintiff would suffer irreparable loss if the injunction was granted.

Reasoning

The court found that the Plaintiff's title to the land was irregular and that the Defendants had the right to sub-lease the land. The court also found that the Plaintiff had not demonstrated irreparable harm.

Outcome

The court dismissed the Plaintiff's application with costs.

Orders

• Allowing the Plaintiff's application for costs.
• Declaring that the Plaintiff's suit does not offend the doctrine of Res Judicata.
• Directing the parties to have a site visit prior to the hearing.
• Directing the parties to comply with case management provisions within 21 days.

Remedies

• Costs awarded to the Defendants.

Authorities cited