Customer Support

NUH ABDILLE HASSAN
V.
HALIMA MAHMOOD ALI; AMAL PLAZA LIMITED & 2 OTHERS (INTERESTED PARTIES)

(2019) JELR 95538 (CA)

Court of Appeal 6 Dec 2019 Kenya
BriefBot icon

BriefBot Summary

Free

Get an AI-generated summary of this case.

Case Details

Suit Number:Civil Appeal 297 of 2018
Judges:Erastus Mwaniki Githinji, William Ouko, Fatuma sichale
Location:Nairobi
Other Citations:Nuh Abdille Hassan v. Halima Mahmood Ali; Amal Plaza Limited & 2 others (Interested Parties) [2019] eKLR

JUDGMENT OF THE COURT

[1] The first appeal, that is, Civil Appeal No. 297 of 2018 is against the ex parte order of the Environment and Land Court (ELC) made by S. Okongo, J. on 7th March, 2018. The second appeal, that is, Civil Appeal No. 312 of 2018 is also against the order of ELC made by K. Bor, J. in the same suit on 14th March, 2018 essentially extending the aforesaid ex parte orders made by Okongo, J. The two appeals were heard one immediately after the other. It is expedient to determine the two appeals together and this judgment therefore relates to both.

[2] On 22nd December, 2017, Halima Mahmood Ali (Halima) filed a suit against Amal Plaza Limited (Amal). She averred that she was the beneficial and equitable owner of Plot No. 36/46/VII Eastleigh registered in the name of Hawa Hassan Mohamud (suit property), and that on 20th December, 2012 Amal without permission or justification blocked access to her property causing loss and damage to her tenants. She sought a permanent injun…

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 77,000 cases, recent judgments, statutes, and rules of court.