[2025] KEELC 3457 (KLR)

[2025] KEELC 3457 (KLR)

The court found that the Plaintiff established a prima facie case for grant of interlocutory injunction. The Defendant admitted to causing some damage to the Plaintiff's perimeter wall during excavation and undertook repairs, confirming interference with the Plaintiff's property. The Plaintiff produced an expert...

Source-derived case information.

Citation
[2025] KEELC 3457 (KLR)
Parties
Plaintiff: Keemti Bamrah; Defendant: Botrack Limited
Court
Environment and Land Court
Court Station
Environment and Land Court at Nairobi
Jurisdiction
Kenya
Judgment Date
28 April 2025
Case Number
Environment & Land Case E073 of 2025
Procedural Posture
Environment and Land Case / Ruling on Interlocutory Injunction Application
Outcome
Plaintiff's application for interlocutory injunction allowed.
Judges
CA Ochieng
Legal Topics
Nuisance, Noise Pollution, Vibration Damage, Injunctive Relief, Environmental Impact Assessment, Strict Liability
Source Language
english
Land and Property Environmental Law Tort Law Nuisance Noise Pollution Vibration Damage Injunctive Relief Environmental Impact Assessment +1 more

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Summary, issues, holding and outcome

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Parties

Keemti Bamrah

Plaintiff

Botrack Limited

Defendant

Procedural Posture

Environment and Land Case / Ruling on Interlocutory Injunction Application

Legal Issues

  1. 1 Whether the Plaintiff has established a prima facie case for grant of interlocutory injunction restraining the Defendant from continuing with excavations on its property.
  2. 2 Whether the ongoing excavations by the Defendant are causing nuisance, sound and air pollution, and vibration threatening destruction of the Plaintiff's property.
  3. 3 Whether the Plaintiff will suffer irreparable harm that cannot be compensated by damages if the injunction is not granted.

Ratio Decidendi

The court found that the Plaintiff established a prima facie case for grant of interlocutory injunction. The Defendant admitted to causing some damage to the Plaintiff's perimeter wall during excavation and undertook repairs, confirming interference with the Plaintiff's property. The Plaintiff produced an expert report indicating ongoing vibrations and noise pollution were weakening the foundation and structure of his house, and the Defendant did not provide sufficient evidence to refute these claims or demonstrate compliance with noise and vibration regulations. The court held that the Plaintiff would suffer irreparable harm, including potential structural collapse and health risks,...

Court Disposition

Plaintiff's application for interlocutory injunction allowed.

Orders

  • A temporary order of injunction is issued restraining the Defendant, its contractors, or agents from carrying out or continuing with excavations for its proposed residential development of apartments and basement parking on Plot LR 209/1509 along Arboretum Drive in Kileleshwa, Nairobi, pending hearing and...
  • Costs of the application will be in the cause.