Oduor & another v Sibo Water and Sanitation Company Limited (Environment & Land Case e001 of 2024) [2024] KEELC 1424 (KLR) (14 March 2024) (Ruling)
- Court
- Environment & Land Court
- Case number
- 1424
- Citation
- [2024] KEELC 1424 (KLR)
- Decided
- 14 March 2024
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeInterlocutory InjunctionPostureMotion for Interlocutory InjunctionCoramAY KOROSS, Maraga
Holding
The motion is merited and an interlocutory injunction is granted restraining the defendant from dumping waste water onto the plaintiffs' land.
Facts
The plaintiffs, Oduor and Global Communications Institute, claim that the defendant, Sibo Water and Sanitation Company Limited, has been dumping waste water onto their land parcel, Central Alego/Hono/3550, causing damage and health hazards.
Issues
- whether the motion is merited
- what orders should this court issue including an order as to costs
Reasoning
The court found that the plaintiffs have established a prima facie case and that they will suffer irreparable harm if the dumping continues. The court also found that the plaintiffs will be highly inconvenienced if the dumping is not stopped.
Outcome
The motion is granted and an interlocutory injunction is issued.
Orders
- An interlocutory injunction restraining the defendant from dumping waste water onto the plaintiffs' land for a period of one year
Remedies
- Costs of the motion shall be in the cause
Authorities cited
Legislation (2)
- Civil Procedure Act
- Civil Procedure Rules
Cases cited (4)
- Giella v. Cassman Brown
- Banis Africa Ventures Limited v. National Land Commission
- Said Ahmed
- Pius Kipchirchir Kogo v. Franklin Kimeli Tenai
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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