MOHAN DHARIWAL & 2 others v GEMINI PROPERTIES LIMITED & another [2009] KEHC 943 (KLR)
- Court
- High Court of Kenya
- Case number
- 943
- Citation
- [2009] KEHC 943 (KLR)
- Decided
- 4 November 2009
The court granted injunctions against the 2nd Defendant to prevent any changes in user applications or development of the suit property pending the hearing of the case.
Facts
The Plaintiff, New Muthaiga Residents Association, claims that the suit property, originally part of a property owned by Maiella Limited, was allocated to the 1st Defendant with a new LR Number 209/9295 for a nursery school and clinic. The 1st Defendant has used the property for purposes other than a public utility, and the 2nd Defendant has approved changes in user applications for the property.
Issues
- Locus standi of the Plaintiff
- Irregular allocation of the suit property
Reasoning
The court found that the Plaintiff had locus standi and that the allocation of the suit property was irregular, allowing the Plaintiff to proceed with the case.
Outcome
Appeal dismissed
Orders
- Injunctions against the 2nd Defendant
Remedies
- Injunctions against the 2nd Defendant to prevent changes in user applications or development of the suit property
Authorities cited
Legislation (3)
- Civil Procedure Act
- Societies Act
- Environmental Management and Coordination Act
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