JUDGMENT
February 15, 2002, the following Judgment of the Court was delivered. This is an interlocutory appeal from the decision of the superior court (Mitey J) delivered on 8th March, 1999 in which injunctive orders were granted against the appellant.
The plaintiffs who are the respondents in this appeal filed a suit against the appellant (Michael Gitau Waweru), and City Council of Nairobi.
According to the plaint filed in the superior court, all the plaintiffs (Nos 1-5) and the appellant (1st defendant) “are residents of or inhabitants of or proprietors of land or residential property within the Mukoma, Kisembe and Kikeni Estates, off Magadi Road Nairobi Area”. The pertinent paragraphs of the plaint state as follows:-
“8. The Plaintiffs aver that the Mukoma, Kisembe and Kikeni Estates are designated as residential areas and are planned and developed and zoned as such for land planning and land use purposes.
9. At all material times the Plaintiffs and the 1st Defendants were and are all s…