Question
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
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 13th 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.
Step by Step Solution
There are 3 Steps involved in it
Step: 1
Get Instant Access to Expert-Tailored Solutions
See step-by-step solutions with expert insights and AI powered tools for academic success
Step: 2
Step: 3
Ace Your Homework with AI
Get the answers you need in no time with our AI-driven, step-by-step assistance
Get Started