Abeid as trustees for and on behalf of Abeid, Arwa Abeid & Amira Abeid v Goldstone Apartments Management Limited & 2 others (Environment & Planning Appeal E008 of 2024) [2025] KEELC 496 (KLR) (12 February 2025) (Ruling)
- Court
- Environment & Land Court
- Case number
- 496
- Citation
- [2025] KEELC 496 (KLR)
- Decided
- 12 February 2025
AI Summary
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TypeEnvironment and Planning AppealPostureAppeal from a previous orderCoramS. M. KIBUNJA, S. M. KIBUNJA, S. M. KIBUNJA
Holding
The court finds that the appellants have established a prima facie case and have suffered irreparable injury.
Facts
The appellants, represented by Wahida Said Al Abeid, are trustees for and on behalf of Abeid, Arwa Abeid, and Amira Abeid. They are seeking to continue receiving services from Goldstone Apartments Management Limited and GSST Property Management Limited. The 3rd respondent, Mohamed Swaleh, is a third party involved.
Issues
- Whether the appellants have established a prima facie case.
- Whether the appellants have suffered irreparable injury due to discontinuation of services.
Reasoning
The court found that discontinuation of services would expose the appellants to diseases, which has not been rebutted.
Outcome
The court allowed the appellants' application and ordered them to continue depositing service charges in the joint account.
Orders
- The notice of motion dated 25th September 2024 has merit and is allowed.
- The costs to abide the outcome of the appeal.
Remedies
- The appellants must continue depositing service charges in the joint account.
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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