Wainana v Njii & another (Environment & Land Case E233 of 2023) [2024] KEELC 3514 (KLR) (30 April 2024) (Ruling)

Summary at a glance

Facts

The Plaintiff, Samuel Ngugi Wainana, claimed a proprietary interest in the suit property, having constructed a six-story building thereon since 1994. The 1st Defendant, Simon Mwangi Njii, purportedly issued an eviction notice dated 23rd May 2023, threatening to demolish the structures and evict the tenants.

Issues

• Whether the eviction notice issued by the 1st Defendant is valid and enforceable.
• Whether the Plaintiff's application for an injunction is merited and should be granted.

Reasoning

The court ruled that the eviction notice was not properly served, failing to comply with the mandatory process outlined in Section 152E of the Land Laws (Amendment) Act No. 28 of 2016. The court granted the injunction pending the final determination of the suit.

Outcome

The application for an injunction is allowed.

Orders

• Pending the hearing and final determination of this suit, the Defendants/Respondents are restrained from implementing and/or enforcing the Eviction Notice dated 23rd May 2023, demolishing the development undertaken by the Plaintiff on the suit property, and evicting the tenants of the Plaintiff's Residential Apartments.
• Each party shall bear their own costs of the application.

Remedies

• Injunction to restrain the Defendants/Respondents from enforcing the eviction notice.

Authorities cited