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Patricia Lois Muchiri,Julia Wacera Magondu,Margaret Wangui Mwaura,Lydia Gathoni Wambugu,David Kamau Wamathu & David Kariuki Wabande v. Board of Management Buruburu Girls Sec ondary School,Nairobi City Council,National Land Commission,Attorney General,Director of Surveys & Metropolitan Health Services Ltd

(2020) JELR 94112 (CA)

Court of Appeal  •  Civil Application 87 of 2020  •  24 Apr 2020  •  Kenya

Fatuma sichale, Patrick Omwenga Kiage, Stephen Gatembu Kairu



By the motion dated 15th March 2020, the six applicants, who are owners of various homes within a residential area in Nairobi’s BuruBuru Estate more particularly known as Metro Villas Estate, seek various orders on their own behalf and on behalf of all residents of the said Metro Villas Estate. The main target of their application is the Board of Management of BuruBuru Girls Secondary School, the 1st respondent. They accuse it of having erected a wall, gate and barrier across the entrance to the 34 affected homes via Rabai Road.

Among the orders sought are orders compelling the respondents to remove the said wall, gate, barrier or any obstacle so erected; or to permit the applicants to remove the same at the respondents’ cost; and an injunction restraining the respondents from erecting any such wall, gate or barrier that would interfere with the applicants' access to their homes from Rabai Road.

In view of the extra-ordinary circumstances brought about by the Covid-19…

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