[2008] KEHC 1110 (KLR)
The court found that there was no evidence to show that Dago Ground Work Services was authorized or hired by the defendants to construct the sewer line on the plaintiff's property. As such, the plaintiff failed to establish a prima facie case against the defendants for the grant of an injunction. The court held that...
Source-derived case information.
- Citation
- [2008] KEHC 1110 (KLR)
- Parties
- Plaintiff: Wycliffe A. Swanya (suing on his behalf and 16 others); Defendant: City Council of Nairobi; Defendant: Dago Ground Work Services
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Election Petition 165 of 2008
- Procedural Posture
- Election Petition / Ruling on Interlocutory Injunction Application
- Outcome
- application dismissed with costs
- Judges
- JL Osiemo
- Legal Topics
- Injunctive Relief, Trespass, Land Ownership, Construction Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Wycliffe A. Swanya (suing on his behalf and 16 others)
Plaintiff
City Council of Nairobi
Defendant
Dago Ground Work Services
Defendant
Procedural Posture
Election Petition / Ruling on Interlocutory Injunction Application
Legal Issues
- 1 Whether the defendants authorized or hired Dago Ground Work Services to construct a sewer line on the plaintiff's property.
- 2 Whether an injunction should issue against the defendants to restrain interference with the plaintiff's property.
Ratio Decidendi
The court found that there was no evidence to show that Dago Ground Work Services was authorized or hired by the defendants to construct the sewer line on the plaintiff's property. As such, the plaintiff failed to establish a prima facie case against the defendants for the grant of an injunction. The court held that any application for injunctive orders should be directed at Dago Ground Work Services, not the defendants, and dismissed the application with costs.
Court Disposition
application dismissed with costs
Orders
- The plaintiff's application for injunction is dismissed with costs.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI (NAIROBI LAW COURTS) Election Petition 165 of 2008
WYCLIFFE A. SWANYA
(Suing on his behalf and 16 others) ……….........……………..PLAINTIFF
VERSUS
CITY COUNCIL OF NAIROBI …………...……..……….1ST DEFENDANT
DAGO GROUND WORK SERVICES…….……………2ND DEFENDANT
R U L I N G
Before me is an application by the plaintiff seeking order to restrain the defendants from trespassing, constructing a sewer line, damaging, wasting and or interfering with the plaintiff’s residential estate being LR No.209/9852 Dam II Estate Nairobi. In support of the application Wycliffe Akuma Swanya has sworn an affidavit giving grounds. He avers that the defendants through DAGO GROUND WORK SERVICES are constructing a sewer line through the suit property.
Both defendants have filed replying affidavits denying to have authorized or hired the said company known as DAGO GROUND WORK SERVICES to construct the said sewer line.
That being the position and there being no evidence to show that the said DAGO GROUND WORK SERVICES were authorized by the defendant to construct the said sewer line this application fails. Any application for injunctive order should be directed to the said DAGO GROUND WORK SERVICES and not the defendants.
Accordingly the plaintiff’s application is dismissed with costs.
Dated at Nairobi this 26th day of September 2008.
J. L. A. OSIEMO
JUDGE