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Gitau v. Savage & 4 others

(2002) JELR 103935 (CA)

Court of Appeal  •  Civil Appeal 244 of 1999  •  15 Feb 2002  •  Kenya

Coram
Philip Kiptoo Tunoi, Emmanuel Okello O'Kubasu, Moijo Matayia Ole Keiwua

Judgement

IN THE COURT OF APPEAL

AT NAIROBI

GITAU v. SAVAGE and 4 OTHERS

(TUNOI, O’KUBASU and KEIWUA JJ A)

CIVIL APPEAL NO. 244 OF 1999

GITAU .........................................................APPELLANTS

VERSUS

SAVAGE and 4 OTHERS..............................RESPONDENT

Land – land use - application to restrain development on land designated as residential user for commercial purposes - the development alleged to be contrary to physical planning law - matters the court will consider in an application for injunction.

The respondents filed a suit in the superior court against the appellant and the City Council of Nairobi, and simultaneously lodged an application for an injunction to restrain the defendant from carrying out a development of a commercial nature, namely a petrol station, in Mukoma, Kisembe and Kikeni Estates of Magadi Road as it was a residential area. The superior court granted the orders to preserve the status quo pending the outcome of the hearing of the suit.

The appellant felt aggr…

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