Onditi & another v Kenya Rural Roads Authority & 2 others; National Land Commission (Interested Party) (Environment & Land Petition E001 of 2023) [2023] KEELC 15810 (KLR) (2 March 2023) (Ruling)
- Court
- Environment & Land Court
- Case number
- 15810
- Citation
- [2023] KEELC 15810 (KLR)
- Decided
- 2 March 2023
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypePetitionPostureRespondent opposed, application grantedCoramE. ASATI
Holding
Application granted, temporary injunction issued
Facts
Petitioners are the registered owners of land parcel North Maragoli/Kedoli/1422, located along Mago-Muluku-Wangulu (E 240) road. Respondents planned to construct, maintain, or improve the road in a manner that would trespass the suit property.
Issues
- Temporary injunction to restrain construction of road
- Ownership and use of the suit property
Reasoning
Petitioners are registered owners of the suit property and had due diligence during purchase, while the respondents opposed the application.
Outcome
Application granted
Orders
- Temporary injunction issued to restrain construction of road
Remedies
- Temporary injunction to restrain construction of road
Authorities cited
Legislation (3)
- Article 23(3)(b) of the Constitution of Kenya, 2010
- Section 1A, 1B and 3A of the Civil Procedure Act
- Order 40 Rule 1, 2, and 8 and Order 51 of the Civil Procedure Rules 2010
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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