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Parkside Medical Centre Limited v. Nairobi City County

(2020) JELR 98424 (CA)

Court of Appeal  •  Civil Appeal 54 of 2016  •  24 Apr 2020  •  Kenya

Wanjiru Karanja, Jamila Mohammed, Fatuma sichale




1. This is an appeal against the Ruling of the High Court (Onguto, J.) dated 20th April, 2014.

2. The background of the appeal is that Parkside Medical Centre Limited (the appellant), is the registered owner of various parcels land known as L.R Nos 209/12614/3 to 209/12614/24, (the suit property) located in Kabasiran Estate in Lavington, Nairobi. In the year 2014, the appellant was in the process of developing the property when, on 5th May, 2014, employees of the Nairobi City County (the respondent), entered onto the suit property and issued an enforcement notice pursuant to the provisions of Section 38 of the Physical Planning Act (the Act). In that notice, the respondent demanded an immediate cessation of the construction work being carried out on the suit property as well as the demolition of a perimeter wall that the appellant had already constructed, within seven days of the notice, and in any event no later than 12th May, 2014. However, on 7th May, …

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