CENTER STAR LIMITED & ANOTHER
V.
HALIMA MAHMOOD ALI (SUING IN HER CAPACITY AS LEGAL REPRESENTATIVE OF THE ESTATE OF HAWA HASSAN MOHAMUD) & 2 OTHERS

RULING OF THE COURT

Halima Mahmood Ali, “the 1^st respondent”, instituted before the Land and Environmental Court at Nairobi, ELC Case No. 775 of 2017. The suit was against a sole defendant, Amal Plaza Limited, “the 2^nd respondent”, and was in regard to a property known as Plot No. 36/460/VII EASTLEIGH “the suit propert”’. In the suit, the 1^st respondent prayed for an injunction directed at the 2^nd respondent restraining it from blocking the access road to the suit property and a mandatory injunction directed at the 2^nd respondent to restore the access road situate on the suit property to the condition it was prior to 20^th December, 2007. She also prayed for damages and costs of the suit. Contemporaneously with the filing of the suit, the 1^st respondent took out an application seeking conservatory orders to the effect that the 2^nd respondent be restrained by injunction from blocking its tenants in the suit property, access to their shops and businesses which the ELC court granted ex par…