Hella Properties Limited v Kenya Airports Authority & 4 others [2021] KEELC 3611 (KLR)
The bottom line
#Kenya's Environment and Land Court blocked the demolition of a Kshs. 700 million building near JKIA, protecting a registered owner until trial decides the dispute.
What this practically means
#Executive summary
#Key legal issues
#Prima facie case
The Plaintiff, as registered proprietor in possession of developed land targeted by the Defendants' demolition notice, established a prima facie case with a probability of success.
The Plaintiff demonstrated registered title, lawful acquisition for valuable consideration, development with all relevant approvals including from Kenya Airports Authority, and over ten years' occupation. The Defendants' claim that the property encroached on L.R No. 21919 rested on an NLC report prepared during the pendency of the suit without observing natural justice, and could not displace the Plaintiff's asserted right at the interlocutory stage.
Balance of convenience and status quo
Even absent a prima facie case, the balance of convenience favoured the injunction since the property was developed, valued at Kshs. 700,000,000/- and occupied for over ten years.
The court noted it was not disputed that the Plaintiff held title, had developed the property and had occupied it for over ten years. Maintaining the prevailing status quo pending trial was held to be fair, invoking the principle that on serious conflicts of fact the status quo should be preserved until trial.
Evidential weight of the NLC report
The NLC report dated 21st January, 2019, prepared without observing natural justice and without recommendation on the suit property, could not conclusively prove encroachment at the interlocutory stage.
The report was prepared while the suit was pending; once the pendency was pointed out the Commission made no recommendation concerning the suit property. The Plaintiff disowned the report and complained that natural justice was not observed. The court held that the question of encroachment was for trial determination.
Legal principles established
#- An applicant for a temporary injunction must show a prima facie case with a probability of success and irreparable injury not adequately compensable by damages; if in doubt, the court decides on a balance of convenience.
- Where there are serious conflicts of facts, the court should maintain the status quo until the dispute is decided at trial.
Court orders
#- 1.The Plaintiff's Notice of Motion dated 11th October, 2018 is allowed in terms of prayer 3 thereof (temporary injunction restraining the Defendants from evicting, demolishing or interfering with the Plaintiff's enjoyment and peaceful occupation of the suit property pending the hearing and determination of the suit)
- 2.Costs of the application shall be in the cause
- Jurisdiction invoked
- Original civil jurisdiction of the Environment and Land Court over a dispute touching on ownership, occupation and threatened demolition of land (suit property L.R No. 9042/681)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Hella Properties Limited v Kenya Airports Authority & 4 others [2021] KEELC 3611 (KLR)", Case Analysis (2021). Not stated in extract (Plaintiff's Notice of Motion dated 11th October, 2018 in suit re L.R No. 9042/681, Embakasi). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2021/3611/eng@2021-04-22
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.