Niaz Mohamed Jan Mohamed V Commisioner For Lands & 4 Others [1996] EKLR | ||
Civil Suit 423 of 1996 | 09 Oct 1996 |
Philip Nyamu Waki
High Court at Mombasa
Niaz Mohamed Jan Mohamed v Commisioner for Lands, Municipal Council of Mombasa, Nandlal Jivraj Shah, Vimal Nandlal Shah t/a Jivaco Agencies & Mehul N Shah
Niaz Mohamed Jan Mohamed v Commisioner for Lands & 4 others [1996] eKLR
Compulsory acquisition of land – right to acquire - whether the government has any right to acquire any land except on the conditions
stipulated in the Constitution and the Land Acquisition Act – whether the land so acquired may be used by the government for a purpose other than that for which it was acquired - land acquired for purposes of making a public road or street and vested in the local authority – whether the authority holds the land in trust for the public – whether such land can be alienated by the government or the local authority under the Government Lands Act.
Land – land acquisition – where land is acquired for the purpose of construction of a road - whether unutilised portion of the land remains as land reserve or may be used for any other purpose by the government
Nuisance – public nuisance – definition of public nuisance – whether members the public residing in a particular local authority have a right
to question the manner in which public land is dealt with. Public Interest - public trust – public land – where land is vested in a local authority to hold in trust for the public - whether members of the public have a right to question the propriety of dealings in such public land
Locus Standi – public trust - where land is vested in a local authority to hold in trust for the public - whether members of the public have a right to question the propriety of dealings in such public land
Injunction – principles for the grant of an injunction – conditions which an applicant must fulfil – consideration by court
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