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PARKSIDE MEDICAL CENTRE LIMITED
V.
NAIROBI CITY COUNCIL

(2016) JELR 96139 (CA)

Court of Appeal 4 Mar 2016 Kenya
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Case Details

Suit Number:Civil Application Nai 156 of 2015
Judges:Alnashir Ramazanali Magan Visram, George Benedict Maina Kariuki, Sankale ole Kantai
Location:Nairobi
Other Citations:Parkside Medical Centre Limited v. Nairobi City Council [2016] eKLR

RULING OF THE COURT

The applicant, Parkside Medical Centre Limited, applies under Rule 5(2) (b) of this Court’s rules, and Sections 3A and 3B of the Appellate Jurisdiction Act that we grant on injunction restraining the respondent, Nairobi City County, through the respondent’s officers, servants, agents or any other body or authority from stopping the developments being carried on by the applicant in land parcels number L.R. No. 209/12614/3 to 209/12614/24 (inclusive) and from interfering in any other manner whatsoever with the applicant’s right to quiet user, possession and enjoyment of all rights to the said properties pending the hearing of an intended appeal. It is also prayed that we order a stay of proceedings in Environment and Land Court Case No. 605 of 2014 pending the hearing and determination of the Motion and the intended appeal.

In the grounds set out in support of the Motion it is stated that the applicant had obtained all necessary consents and approvals from the responde…

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