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COUNTY GOVERNMENT OF KILIFI
V.
MOMBASA CEMENT LIMITED

(2017) JELR 103044 (CA)

Court of Appeal 31 Mar 2017 Kenya
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Case Details

Suit Number:Civil Appeal 11 of 2016
Judges:Milton Stephen Asike Makhandia, William Ouko, Kathurima M'inoti
Location:Mombasa
Other Citations:County Government of Kilifi v. Mombasa Cement Limited [2017] eKLR

JUDGMENT OF THE COURT

The respondent instituted a suit against the appellant vide a plaint dated 18th December, 2014, in the Land and Environmental Court at Malindi. The subject matter of the suit was a parcel of land situate in Kilifi County measuring 173.7 hectares or thereabouts and known as Plot Number MN/III/291/2 “the suit land”. The respondent’s main prayer in the plaint was for an order of permanent injunction to restrain the appellant or its agents from demolishing a perimeter wall built around the suit land or interfering with the construction of the said wall or trespassing on or dealing with the suit land in any manner. The respondent also sought a declaratory order to the effect that the appellant’s act of demolishing the perimeter wall was illegal.

The plaint was filed contemporaneously with a notice of motion invoking order 40 rule 1 and 10 of the Civil Procedure Rules and Sections 1A, 1B, 3A and 63 (e) of the Civil Procedure Act. By that application, the respondent sough…

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