Tebere Concrete Co. Ltd v Kinani & 3 others (Environment & Land Case E002 of 2023) [2023] KEELC 22557 (KLR) (24 October 2023) (Ruling)

Summary at a glance

Facts

Tebere Concrete Co. Ltd filed a suit seeking a declaration that it is the lawful lessee of LR No. Mbeere/Wachora/1618 from the County Government of Embu, and a permanent injunction against the defendants from disposing, leasing, entering, trespassing, and interfering with the land.

Issues

• Whether the suit expressly offends the provisions of Section 16(1)(i) of the Government Proceedings Act
• Whether the suit can be granted an injunction against the Government

Reasoning

The court held that the suit cannot be granted an injunction against the Government due to the provisions of Section 16(1)(i) of the Government Proceedings Act, but the suit can be amended to reflect the correct position.

Outcome

The preliminary objection is merited, and the suit is dismissed.

Orders

• The plaint must be amended to reflect the correct position.
• Costs in the cause.

Remedies

• Amendment of the plaint to reflect the correct position.

Authorities cited