Maathai v Kenya Times Media Trust Ltd (1989) 1klr (e&l) [1989] KEHC 2 (KLR)
- Court
- High Court of Kenya
- Case number
- 2
- Citation
- [1989] KEHC 2 (KLR)
- Decided
- 11 December 1989
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureApplication to strike out plaint for not disclosing a cause of action
Holding
The application filed on 27 November 1989 seeking a temporary injunction is dismissed with costs.
Facts
The Applicant filed a chamber summons on 27 November 1989 seeking a temporary injunction to prevent the Defendant from carrying out construction of a high-rise building on a park. The Applicant alleged breaches of local government laws and sued in her own capacity.
Issues
- Whether the Applicant had locus standi to file the suit.
- Whether only the Attorney General is entitled to bring representative suits on behalf of the public.
Reasoning
The court dismissed the application to strike out the plaint as the Applicant had not been served with the plaint and the application was made by the Applicant herself, not by the Attorney General.
Outcome
Application dismissed with costs
Orders
- Application to strike out plaint for not disclosing a cause of action dismissed
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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