FIT TIGHT FASTERNERS LIMITED v CITY COUNCIL OF NAIROBI (Civil Case 81 of 2007) [2007] KEHC 3080 (KLR) (20 April 2007) (Ruling)
- Court
- High Court of Kenya
- Case number
- 3080
- Citation
- [2007] KEHC 3080 (KLR)
- Decided
- 20 April 2007
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeInterim OrdersPostureApplication for interim ordersCoramD. K. S. AGANYANYA
Holding
The application is allowed, and interim orders are made as prayed for.
Facts
The Plaintiff purchased the suit premises from Orbitsports Limited and paid the 2005 rates. The Defendant issued a notice demanding payment of 2006 rates, which the Plaintiff paid. The Defendant then advertised the property for sale, leading to the Plaintiff's application.
Issues
- Interim orders to restrain Defendant from auctioning or selling the suit premises
- Interim orders to restrain Defendant from advertising the suit premises for sale
Reasoning
The Court finds that all payments to the Defendant were made up to 2006, and the issuance of the 2006 rates demand notice was erroneous. The Defendant's advertisement for sale was in disregard of the law.
Outcome
Application allowed
Orders
- Interim orders to restrain Defendant from auctioning or selling the suit premises
- Interim orders to restrain Defendant from advertising the suit premises for sale
Remedies
- Costs of the application to the Plaintiff
Authorities cited
Legislation (3)
- Civil Procedure Rules
- Civil Procedure Act
- Rating Act
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