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SIGMA FEEDS LIMITED
V.
DIRECTOR NAIROBI CITY PLANNING DEPARTMENT & 2 ORS.

(2019) JELR 93057 (CA)

Court of Appeal 8 Mar 2019 Kenya
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Case Details

Suit Number:Civil Appeal 231 of 2013
Judges:Hannah Magondi Okwengu, Fatuma sichale, Patrick Omwenga Kiage
Location:Nairobi
Other Citations:Sigma Feeds Limited v. Director Nairobi City Planning Department & 2 others [2019] eKLR

JUDGMENT OF THE COURT

By this appeal the appellant Sigma Feeds Limited, (Sigma) seeks a reversal of the judgment (sic) and order of the High Court at Nairobi (Gacheche, J.) delivered on 1st April, 2010 rejecting its application for the judicial review orders of certiorari, prohibition and mandamus. It concerned an enforcement notice issued on 9th January, 2009 by the defunct City Council of Nairobi appearing in these proceedings as the Director of City Planning and the Town Clerk, who are the 1st and 2nd respondents, respectively (hereinafter „the Council?). The notice was directed at “METCOURT HOSTELS/OWNER/OCCUPIER” of LR 2259/66-BOGANI ROAD KAREN. It stated that developments had been carried out without the Council?s permission as required by Part V, section 3(1) of the Physical Planning Act, Cap 286 and its by-laws. The exact violations included illegal conversion or change of use from agriculture to factory and offices, as well as illegal construction of a building structure and o…

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