A county demolished a perimeter wall before its own enforcement deadline expired. Yet the landowner's appeal against refusal of a temporary injunction failed. Parkside Medical Centre Limited v Nairobi City County, Civil Appeal No. 54 of 2016, illustrates why identifying a troubling enforcement step is not the same as obtaining a particular court remedy.
The Court of Appeal delivered its judgment on 24 April 2020. The dispute concerned L.R. Nos. 209/12614/3 to 209/12614/24 in Kabasiran Estate, Lavington, Nairobi—not simply land associated with a Nairobi courtroom. The judgment identifies Parkside as the registered owner in its background. Judgment, paragraph 2, page 1; dated closing, page 16.
The wall, the notice and the competing accounts
The County's notice, issued under section 38 of the Physical Planning Act, required construction to stop and the perimeter wall to be demolished by 12 May 2014. The judgment records demolition on 7 May, before that deadline. Parkside alleged substantial loss and sued in ELC Case No. 605 of 2014 for permanent injunctive relief and damages. Its accompanying application sought temporary protection and a stay of City Court Criminal Case No. 198 of 2014. These were requests, not remedies awarded. Paragraphs 2–4, pages 1–3.
Parkside maintained that it had the necessary approvals and that stopping development threatened financial loss. The County disputed the permissions' scope and validity. It alleged that the works touched the Kirichwa Kubwa riparian wayleave, that relevant permission had expired, and that its zoning policy barred the intended subdivision into plots smaller than a quarter acre. These were contested positions, not final determinations of a riparian boundary or the parcels' lawful development potential. Paragraphs 5–8, pages 3–5.
Why the temporary remedy remained unavailable
The trial judge refused the application. On appeal, the Court was reviewing that exercise of discretion, not conducting the full land-use trial. It expressly cautioned against reaching a final view while the ELC suit remained pending. The injunction analysis required a prima facie case, with irreparable injury and balance-of-convenience considerations also explained. Paragraphs 17–23, pages 9–12.
The Court acknowledged that demolition before expiry of the notice period was undisputed. Even so, it was not persuaded that the trial judge had erred in finding no prima facie case. It also considered an injunction no longer useful after the wall had already been demolished. In additional remarks expressly labelled obiter dicta, it said monetary loss could be compensated if Parkside ultimately succeeded. That was not an award of damages. Paragraphs 25–28, pages 14–15.
The appeal was dismissed with costs, and the Court directed priority hearing of the ELC suit. It did not grant the requested injunction or criminal-proceedings stay, settle criminal liability, finally validate the County's planning objections, or cancel the titles. This account does not establish the later ELC or criminal outcome, or today's parcel status. Paragraph 29 and closing, page 16.
What a buyer or developer should check
The practical lesson is to separate ownership evidence from permission to carry out particular works. Before committing development funds, ask qualified professionals to reconcile the parcel identifiers, approved plans, permission conditions, commencement evidence, applicable zoning and any riparian restrictions. Obtain advice promptly on an enforcement notice's response route and deadlines. The Act discussed here is the framework applied in this historical judgment, not a statement of today's procedure.
ArdhiScore can help organise available parcel, court and Gazette evidence alongside field intelligence, with monitoring where available, to support professional due diligence. It does not certify title, guarantee complete coverage, prevent enforcement, or replace a lawyer, planner or surveyor. For a development decision, the useful question is what dated evidence supports the intended use—and what remains unverified. See how ArdhiScore works.