Toshike Construction Co. Ltd & 5 others v Sokhi & 25 others (Environment & Land Petition E058 of 2022) [2023] KEELC 22047 (KLR) (30 November 2023) (Ruling)
- Court
- Environment & Land Court
- Case number
- 22047
- Citation
- [2023] KEELC 22047 (KLR)
- Decided
- 30 November 2023
Summary at a glance
Facts
The 1st Defendant, Toshike Construction Co. Ltd, applied to strike out the suit against him, claiming he is not the owner of the suit property. The Plaintiffs, Toshike Construction Co. Ltd, argued that the developments on the suit property had not been approved by NEMA and the Nairobi City County Government. The 5th Defendant, Kuku Singh alias Sokhi, had obtained approval and change of user for the suit property.
Issues
- Ownership of the suit property
- Approval and change of user for the suit property
- Public participation in the approval process
Reasoning
The Court found that the 1st Defendant is not the owner of the suit property and that the 5th Defendant, who has obtained approval and change of user for the property, is the rightful owner. The Plaintiffs failed to establish ownership of the suit property prior to filing the case.
Outcome
The Plaintiffs' suit against the 1st Defendant is struck out with costs.
Orders
- The Plaintiffs' suit against the 1st Defendant is struck out with costs.
Authorities cited
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