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Michael Gitau v. Pamela Savage, Esmond Bradley Martin, Paul Weld Dixon Suing on their own Behalf and as Representatives of Mukoma, Kisembe and Kikeni Estates off Magadi Road, Nairobi Area Mike Mills as Chairman, Ian Lane as Secretary Both Representing The Karen & Langata District Association, Nairobi Area

(2002) JELR 99126 (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

JUDGMENT OF THE COURT

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 Muk oma, 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 subject to the Land Planning Act, Chapter 303 of the La…

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