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Ndiara Enterprises Ltd v. Nairobi City County Government

(2018) JELR 98503 (CA)

Court of Appeal  •  Civil Appeal 274 of 2017  •  16 Feb 2018  •  Kenya

Coram
Philip Nyamu Waki, Milton Stephen Asike Makhandia, Agnes Kalekye Murgor

Judgement

JUDGMENT OF THE COURT

This appeal emanates from the judgment and decree of the High Court sitting as a Judicial Review Division. The judgment was itself the outcome of judicial review proceedings initiated by Ndiara Enterprises Ltd “the appellant”, as the ex parte applicant against Nairobi City County Government “the respondent”. In the proceedings the appellant sought orders of mandamus directed at the respondent compelling it within 14 days of the order being made to demolish the illegal structures erected on all that piece or parcel of land known as 209/9613 (Grant Number IR 44980) “the suit property” and evict the illegal occupants therein and a further order of mandamus to compel the respondent, within the same period to approve the appellant’s plans for the construction of a perimeter wall around the suit property.

Through its pleadings, the appellant averred that it was the registered proprietor of the suit property evidenced by a copy of the certificate of lease it exhibited. It…

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