Case ID:175764

Copana Limited v Kisumu City Board & 2 others [2021] eKLR

Case Metadata

Case Number:

Environment and Land Case 10 of 2021

Parties:

Copana Limited v Kisumu City Board, County Government of Kisumu & Raol Investment

Date Delivered:

13 May 2021

Case Class:

Civil

Court:

Environment and Land Court at Kisumu

Case Action:

Ruling

Judge(s):

Antony Ombwayo

Citation:

Copana Limited v Kisumu City Board & 2 others [2021] eKLR

Court Division:

Environment and Land

County:

Kisumu

Disclaimer:

The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information

REPUBLIC OF KENYA

IN THE ENVIRONMENT AND LAND COURT AT KISUMU

ELC CASE NO. 10 OF 2021

COPANA LIMITED.................................................................PLAINTIFF

-VERSUS-

KISUMU CITY BOARD...............................................1

ST

DEFENDANT

COUNTY GOVERNMENT OF KISUMU.................2

ND

DEFENDANT

RAOL INVESTMENT................................................3

RD

DEFENDANT

RULING

This matter came for hearing on 11/02/2021 in the presence of Mr. Odeny learned counsel for Plaintiff and M/s Awuor learned counsel for the 1

st

and 2

nd

Defendants. The court ordered that the respondents do file and serve the replying affidavit within 14 days. I have not seen the same and therefore I do find that the allegation by the plaintiff in the notice of motion dated 8/2/2021 are not controverted. I do find that the plaintiff has demonstrated that he has a prima facie case with a likelihood of success as he is the registered proprietor of the suit land. Moreover, if the structures on the suit land are destroyed, the plaintiff will suffer irreparable damage. I do grant prayers 4 and 5 of the notice of motion dated 8/2/2021. Costs in the cause.

Orders accordingly.

DATED AT KISUMU THIS 13

TH

DAY OF MAY, 2021

ANTONY OMBWAYO

JUDGE

This Ruling has been delivered to the parties by electronic mail due to measures restricting court operations due to the COVID-19 pandemic and in the light of the directions issued by his Lordship, the Chief Justice on 15

th

March 2019.

ANTONY OMBWAYO

JUDGE