THE REPUBLIC OF KENYAIN THE HIGH COURT OF KENYA AT NAIROBI
CIVIL CASE NO. 3063 OF 1996PAUL NDERITU AND 2 OTHERS .................... APPLICANT
VERSUS- PASHITO HOLDINGS LTD
- SHITAL BHANDARI........................................RESPONDENT
BEFORE: THE HON. JUDGE MR. MBOGHOLI MSAGHA
Civil Procedure: Whether an injunction can be issued.
Whether the applicants haves a cause of action
Order 1 Rule 8, 10(2), 12, Order 39 Rule 1 and 3 CPR
Loresho Estate, a private development was in 1976 subdivided into several parcels of land which
were reserved for public utility. By another registry index map, the Commissioner of lands
purported to cancel titles reserved for the water reservoir and made out 3 subplots in the names of
the second defendant.
The applicants filed a suit seeking orders that an injunction is ordered restraining the defendants
from taking possession of these parcels of land.
Alongside the plaint, the applicants filed two applications by way of chamber summons seeking
leave to give notice of the institution of the suit to all parties interested as prospective plaintiffs
and another order that the suit properties are public utility and that any allocation there of is null
and void.
HELD:
- The plaintiffs have a prima facie case with a probability of success.
- If the developments proposed by the defendants are carried out, the purpose for which
the land was reserved will be defeated.
Injunction granted with costs.