Maathai v Kenya Times Media Trust Ltd (Civil Appeal 5403 of 1989) [1989] KEHC 82 (KLR) (Civ) (11 December 1989) (Ruling)
- Court
- High Court of Kenya
- Case number
- 82
- Citation
- [1989] KEHC 82 (KLR)
- Decided
- 11 December 1989
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from a temporary injunction granted by the High Court of Kenya at NairobiCoramN. Dugdale
Holding
The plaint is struck out on both grounds with costs to be paid to the Defendant.
Facts
The Plaintiff, Professor Wangari Maathai, filed a chamber summons seeking a temporary injunction against the Defendant, Kenya Times Media Trust Ltd, to stop the construction of the proposed Kenya Times complex at Uhuru Park until the suit was determined.
Issues
- Whether the plaint discloses a cause of action against the Defendant
- Whether the Plaintiff has locus standi to file the suit
Reasoning
The court found that the plaint did not disclose a reasonable cause of action against the Defendant and that the Plaintiff had no locus standi to file the suit.
Outcome
The plaint is struck out with costs to the Defendant.
Orders
- The plaint is struck out with costs to the Defendant.
- The application for a temporary injunction is dismissed with costs.
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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