Shayona Timber Limited v Kenya National Highway Authority [2013] KEHC 445 (KLR)

Facts

The plaintiff, Shayona Timber Limited, brought a suit against the defendant, Kenya National Highway Authority, seeking a permanent injunction to restrain the defendant from interfering with the plaintiff's quiet possession of the suit property. The plaintiff also sought to strike out the defendant's defense and enter judgment for the plaintiff as prayed for in the plaint.

Issues

1. Whether the defendant's defense discloses a reasonable defense in law and raises triable issues.
2. Whether the suit property was compulsorily acquired by the government and whether compensation in respect thereof was paid to the plaintiff and/or its predecessor in title.

Reasoning

The court found that there were some dealings between the plaintiff and persons not parties to the suit, and that the evidence adduced was incapable of adequately addressing the issues arising from the pleadings. The court declined to strike the defense and ordered the suit to be determined on its merits.

Outcome

The plaintiff's application to strike out the defendant's defense was dismissed.

Authorities cited