JUDGMENT OF THE COURT
The appellant, Magnate Ventures Limited, was the unsuccessful plaintiff before the High Court where it had sought various declarations and injunctions against Alliance Media (K) Ltd (the 1st respondent) and the former Municipal Council of Mombasa (the 2nd respondent). The declaration sought against the 1st respondent was that its erection of advertisement gantries in 5 specified sites in Mombasa City was illegal null and void on account of subsequent cancellation of approval by the 2nd respondent, while the declaration sought against the 2nd respondent was that its refusal to pull down and remove the 1st respondent’s gantries, after cancellation of the approval to erect them, was arbitrary and illegal. As regards the injunctions, the appellant sought permanent injunctions to restrain the respondents from erecting or permitting the erection of advertising billboards and gantries in the disputed sites. The mandatory injunctions sought were to compel the respondents …