Mathira Water & Sanitation Company Limited v Steve N. Murimi & 3 others [2016] KEHC 1904 (KLR)
- Court
- High Court of Kenya
- Case number
- 1904
- Citation
- [2016] KEHC 1904 (KLR)
- Decided
- 7 November 2016
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil SuitPostureAppeal from an order granting an injunctionCoramBosire, Law, Platt, R.
Holding
An order of injunction was issued restraining the defendants from interfering with the plaintiff's water intake and supply.
Facts
The plaintiff, Mathira Water & Sanitation Company Limited, filed a suit against the defendants, Steve N. Murimi, Francis Wamae, and Lilian Githinji, alleging that the defendants were interfering with the plaintiff's water intake at Ragati Dam.
Issues
- Determination of the preliminary objection raised by the Respondents
- Whether the court can review or set aside its previous orders
- Whether the applicant can obtain an injunction
Reasoning
The court found that the dispute does not fall under the jurisdiction of the Water Appeals Board and that the court has the authority to hear and determine the matter.
Outcome
The plaintiff's application for an injunction was granted.
Orders
- An order of injunction was issued
- The plaintiff was ordered to supply water to the defendants for domestic purposes
- The defendants were ordered to pay the plaintiff's costs
Remedies
- Injunction
- Supply of water to the defendants
Authorities cited
Legislation (2)
- Water Act
- Water Appeals Board
Cases cited (2)
- Gazette notice number 133 of 11th January 2002
- Section 85 of the Water Act
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.
Loading judgment…