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Timothy Busienei, Eliud Yego & R.N. Wambugu v. Mechai International Limited

(2017) JELR 93803 (CA)

Court of Appeal  •  Civil Appeal 38 of 2014  •  16 Nov 2017  •  Kenya

Coram
Erastus Mwaniki Githinji, Hannah Magondi Okwengu, Jamila Mohammed

Judgement

JUDGMENT OF THE COURT

Background:

1. This is an appeal from the judgment of Mshila, J. ordering each party to bear their own costs without giving reasons for not awarding costs to the appellants in whose favour she found.

2. The facts leading up to the suit before the High Court are straight forward. The respondent, Mechai International Limited, sought to construct a workshop on ELDORET MUNICIPALITY BLOCK 13/444 (the suit property). They applied for a change of user of the land from residential to industrial, from the Eldoret Municipal Council.

3. Timothy Busienei, Eliud Yego and Dr. R.N Wambugu, the appellants herein, are officials of Elgon View Residents Association and residents of Elgon View Estate adjacent to the suit property who were apprehensive that the change of user in respect of the suit property would jeopardise their health and security, and interfere with their properties. They accordingly filed objections to challenge the change of user. It was the respondent’s claim that …

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