Original language

English

Country
Kenya
Date of text
Type of court
National - higher court
Sources
Court name
Environmental and Land Court
Seat of court
Nairobi
Reference number
No. 214 of 2013
Tagging
Property, Remedies, Land Use, Environmental Impact Assessments, Jurisdiction, Damages, Standing, Evidence, Civil, Permits
Free tags
Land & soil
Justice(s)
Nyamweya P.
Abstract

The Plaintiff sought a temporary order of injunction do issue restraining the Defendant from carrying on the business of a student hostel and a mandatory injunction do issue directing the Defendant to pull down, remove all the structures making up the student hostel. The Plaintiff’s application is premised on grounds that that the development of a student hostel on the Defendant’s land is unauthorized and illegal, as the buildings housing the student hostel are not vetted or approved by the relevant authority.

According to the Court, demolishing the said buildings is not an appropriate remedy at this stage. Thus, the Defendant by himself, his workers, servants, agents, and tenants shall be and are hereby restrained from carrying on the business or activities of a student hostel pending the hearing and determination of the suit herein or until further orders.

(Source: Kenya Law http://kenyalaw.org/caselaw/cases/view/91818/,  last accessed 15-05-2018)