Shah & another (Suing as Representatives of the Estate of Janendra Raichand Shah) v Awako Developers Ltd & 2 others (Environment & Land Case E022 of 2023) [2024] KEELC 943 (KLR) (27 February 2024) (Ruling)
- Court
- Environment & Land Court
- Case number
- 943
- Citation
- [2024] KEELC 943 (KLR)
- Decided
- 27 February 2024
Summary at a glance
TypeLand DisputePostureAppeal from an original trialCoramN.A. MATHEKA
The preliminary objection is dismissed, and the plaintiffs are granted an injunction pending the hearing and determination of the suit.
Facts
The plaintiffs, representing the estate of Janendra Raichand Shah, filed an application seeking an injunction against the defendants to prevent them from selling or dealing with the property Mombasa/Block XXVI/203. The defendants filed a notice of preliminary objection, arguing that the plaintiffs lacked locus standi.
Issues
- Whether the plaintiffs had locus standi to file the suit.
- Whether the application for an injunction should be granted.
Reasoning
The court found that the plaintiffs had locus standi due to their ad litem grant, and the balance of convenience tilts in their favor.
Outcome
The plaintiffs' application is granted.
Orders
- The 3rd respondent to provide certified copies of the records in the parcel file and all the completion documents.
- A temporary injunction pending the hearing and determination of the suit.
- Costs to be in the cause.
Remedies
- Injunction pending the hearing and determination of the suit.
Authorities cited
⚠ This summary is experimental and generated by a language model, not a lawyer. It can contain errors, omissions, or misinterpretations and must not be relied on for legal decisions. The authoritative source is the full judgment. Please confirm every point against the original before use.
Loading judgment…