Slider Company Limited (the Company) assembles plastic sliding windows and doors in

a warehouse located in Kuzuri Area in the County of Kilifi. Kuzuri Area is a residential

area. Twahir, a resident of Serenity Estate also located in Kuzuri Area accused the

Company of noise pollution and turning Serenity Estate into an industrial area.Twahir

wants the Company to be permanently stopped from assembling the sliding windows

and doors in Kuzuri Area because the warehouse it operates from has no development

plan from the Government as is required. Pending the hearing and determination of the

main suit, Twahir is also seeking an interlocutory injunction.

In his Affidavit to support the Application for the interlocutory injunction,Twahir accuses

the Company and its Director Farar, Mureithi, the owner of the warehouse, and the

National Environment Management Authority (NEMA) of allowing illegal assembling of

the sliding windows and doors in Kuzuri Area.

'The defendant started putting up the warehouse illegally in Kuzuri Area on 13 th March

2021, without obtaining the change of user permission from residential to commercial,'

says Twahir. He further says that despite having complained in writing to the Company,

it continues with its work and this is interfering with the quiet and peaceful enjoyment of

his property. Twahir's house is adjacent to the premises hosting the Company and

within which the warehouse is being constructed.

Twahir has sued Mureithi the plot owner, the County Government of Kilifi and Farar, the

Director of the Company. Twahir further states that the wall he built to separate his

home from the warehouse is collapsing because of the noise vibration from the

Company, causing him and his family sleepless nights. He also states that he and his

family have lost the peace he used to enjoy before the Company started assembling the

materials.

Twahir also accuses the Company of failing to furnish him with approval documents

from the County Government of Kilifi, which the Company claimed it had obtained

before starting the construction of the warehouse. He accuses officials of the Company

of giving bribes to influence the officials of the County Government of Kilifi to allow the

illegal construction of the warehouse and the assembling of the said materials.

Discuss the rules that will guide the Court in deciding whether or not Twahir is entitled

to the remedies that he seeks. Support your answer with relevant case authorities.