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Deepak Harakchand Dodhia v. Anmol Limited & Superfit Steelcon Limited;Director Physical Planning, National Environment and Management Authority & National Construction Authority (Interested Parties)

(2019) JELR 102773 (CA)

Court of Appeal  •  Civil Application 276 of 2018  •  25 Oct 2019  •  Kenya

Patrick Omwenga Kiage, Agnes Kalekye Murgor, Stephen Gatembu Kairu



This Notice of Motion dated 11th January 2019 is made under rules 5

(b), 20 (2), 42 and 47 (1), (2) and (4) of the Court of Appeal Rules and seeks orders that;


ii)An injunction do issue restraining the respondent whether by themselves their servants and agents, from proceeding in any manner whatsoever with construction of the residential development on the parcel of land known as Plot L.R. No. 1870/1/303 General Mathenge Drive, Westlands (the property) pending the hearing and determination of the intended appeal against the order of Honourable Justice B.M. Eboso, J. given on 17th July 2018.

iii) Alternatively the Court be at liberty to make any further orders in the interest of justice;

The application was brought on the grounds that the construction of residential apartments on the property which was adjacent to the applicant’s house was being carried out rapidly and in violation of the law; that the development caused massive structural damage to his house such a…

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