Ahmed & another v County Government of Mombasa (Environment & Land Case 203 of 2021) [2023] KEELC 18323 (KLR) (21 June 2023) (Judgment)
- Court
- Environment & Land Court
- Case number
- 18323
- Citation
- [2023] KEELC 18323 (KLR)
- Decided
- 21 June 2023
The court dismisses the plaintiffs' case as they failed to prove that they acquired approval for any other construction on the suit property other than a boundary wall back in 2001.
Facts
The plaintiffs, Khalid Hadi Ahmed and Salma Mbarak Abud, claimed ownership and possession of a land parcel known as Title Number Mombasa/Block XVI/1539. They alleged that they had obtained building approvals and a building permit for the land, but the defendant, County Government of Mombasa, unlawfully demolished their structures.
Issues
- Whether the plaintiffs obtained building approvals for their structures on the suit property.
- Whether the defendant's actions were lawful and justified.
Reasoning
The court found that the plaintiffs unprocedurally acquired consolidation of plots 1300 and 1301 into the current suit property, and that the only permit they had was for the construction of a boundary wall in 2001. The court also noted that the five meters road is public land and not clear where it was realigned to.
Outcome
Dismissed with costs
Authorities cited
Cases cited (1)
- Mbeere (deceased) vs Stephen Njoroge Macharia (2020) eKLR
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