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Wanaina Kenyanjui & 2 others v Andrew Ng’ang’a

Country/Territory
Kenya
Type of court
National - higher court
Date
Oct 29, 2013
Source
UNEP, InforMEA
Court name
Environmental and Land Court
Seat of court
Nairobi
Judge
Nyamweya P.
Reference number
No. 214 of 2013
Language
English
Subject
Land & soil
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)

Full text
Wanaina Kenyanjui & 2 others v Andrew Ng’ang’a.pdf