MABACHA INVESTMENTS LIMITED v CITY COUNCIL OF NAIROBI [2012] KEHC 5811 (KLR)
- Court
- High Court of Kenya
- Case number
- 5811
- Citation
- [2012] KEHC 5811 (KLR)
- Decided
- 18 September 2012
The plaintiff’s application for interlocutory injunction is dismissed. The status quo is maintained pending an appeal to the Local Liaison Committee under section 13 of the Physical Planning Act or a further appeal to the National Liaison Committee under section 15 of the Act.
Facts
The plaintiff owns LR No 36/VII/409 in Nairobi and has erected a multi-storey commercial property. The defendant issued an enforcement notice requiring the plaintiff to demolish the building for encroaching on a road reserve.
Issues
- Whether the plaintiff breached the development conditions by encroaching on a road reserve.
- Whether the plaintiff has reached the threshold for grant of interlocutory prohibitive injunction.
Reasoning
The court finds that the plaintiff has not reached the threshold for grant of interlocutory prohibitive injunction. The defendant has not provided evidence of encroachment on public land. The plaintiff has not exhausted local remedies.
Outcome
The plaintiff’s application for interlocutory injunction is dismissed.
Orders
- The status quo is maintained pending an appeal to the Local Liaison Committee under section 13 of the Physical Planning Act or a further appeal to the National Liaison Committee under section 15 of the Act.
- The impugned notice did not specify the period for the appeal as required by section 38 (4), so the period is extended by 15 days from the date of the ruling.
Remedies
- Costs are granted to the defendant.
Authorities cited
Legislation (2)
- Physical Planning Act
- Civil Procedure Act
Cases cited (4)
- Giella Vs Cassman Brown and Company Limited
- Kenya Hotels Limited Vs Kenya Commercial Bank and another
- Public Trustee Vs Nicholas Kabucho Murimi
- Harit Sheth T/a Harit Sheth Advocate Vs Shamas Charania
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