MAGNATE VENTURES LIMITED V. ALLIANCE MEDIA (K) LIMITED & OTHERS

JUDGMENT OF THE COURT

The appellant, Magnate Ventures Limited, was the unsuccessful plaintiff before the High Court where it had sought various declarations and injunctions against Alliance Media (K) Ltd (the 1^st respondent) and the former Municipal Council of Mombasa (the 2^nd respondent). The declaration sought against the 1^st respondent was that its erection of advertisement gantries in 5 specified sites in Mombasa City was illegal null and void on account of subsequent cancellation of approval by the 2^nd respondent, while the declaration sought against the 2^nd respondent was that its refusal to pull down and remove the 1^st respondent’s gantries, after cancellation of the approval to erect them, was arbitrary and illegal. As regards the injunctions, the appellant sought permanent injunctions to restrain the respondents from erecting or permitting the erection of advertising billboards and gantries in the disputed sites. The mandatory injunctions sought were to compel the respondents …