Anju Chanandin v City Council of Nairobi & another [2019] KEELC 3349 (KLR)
The bottom line
#A Nairobi court ruled that Nairobi City County unlawfully demolished a property owner's approved developments and must pay her Kshs. 500,000 in damages.
What this practically means
#Executive summary
#Key legal issues
#Whether the Plaintiff's developments were duly approved
The court found the developments approved and authorized by the 1st Defendant, based on the 1998 Town Planning Committee approval and Certificate of Occupation, which went unchallenged
The Plaintiff produced an approval letter dated 12 October 1998 showing the Town Planning Committee approved plan registration D1495 on 18 September 1998, and a Certificate of Occupation issued 9 October 1998. The Defendants called no witness, so this evidence stood unchallenged and the 1st Defendant's allegations remained unsubstantiated.
Whether the entry onto the Plaintiff's property was lawful
The Enforcement Notice was unlawfully issued since the developments were approved; the entry pursuant to it constituted trespass
Because the developments were approved, the Enforcement Notice premised on lack of approval lacked justification. The entry by the 1st Defendant's agents with armed police to enforce the unlawful notice was high-handed and constituted trespass on the Plaintiff's property.
Whether special damages of Kshs. 925,600/= was proved
Special damages was unproven and disallowed
Although damage likely occurred, the Plaintiff merely listed items without proof they were on the property or were damaged. Receipts gathered between 2010 and 2018 could not be connected to the 2008 damage and had no probative value. A loss adjustor's report would have assisted.
General damages for trespass
General damages of Kshs. 500,000/= awarded against the 1st Defendant
Trespass being actionable per se, proof of damage was unnecessary once trespass was established. The court found the Defendants forcibly descended on the premises with armed officers and turned the premises 'upside down', causing substantial damage, warranting an award against the 1st Defendant.
Liability of the 2nd Defendant
Suit against the 2nd Defendant dismissed; her culpability was not proved
The Plaintiff's evidence did not establish the 2nd Defendant's culpability. The suit against her was accordingly dismissed, though without an order for costs against the Plaintiff.
Legal principles established
#- Where a party fails to call evidence in support of its case, its pleadings remain mere statements of fact and the opposing evidence stands uncontroverted
- The burden of proving a civil case on a balance of probabilities remains on the plaintiff even at formal proof
- No development may be carried out within a local authority's area without development permission
- Trespass is actionable per se and damages need not be proved once trespass is established
- Special damages must be both specifically pleaded and specifically proved
Court orders
#- 1.Judgment entered for the Plaintiff against the 1st Defendant
- 2.General damages of Kshs. 500,000/= together with interest at court rates from the date of judgment until payment in full
- 3.Costs of the suit awarded to the Plaintiff
- 4.Suit against the 2nd Defendant dismissed with no order for costs
- Jurisdiction invoked
- Original civil jurisdiction (tort and land claims); no specific constitutional/statutory provision cited
Key timeline
#Practical implications
#Frequently asked questions
#Later judgments citing this (1)
#Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.
- Abdille Abdiaziz Sabriye v Nairobi City County [2021] KEELC 3784 (KLR)[2021] KEELC 3784 (KLR)1 Mar 2021
Cite this brief
#Cite this brief
Caselaw, "Anju Chanandin v City Council of Nairobi & another [2019] KEELC 3349 (KLR)", Case Analysis (2019). Case No 439 of 2008. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2019/3349/eng@2019-05-17
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.