Blow to Buxton residents as court says otherwise ….
They cannot be receiving payment cheques and at the same time coming to court to seek injunction and/or status quo orders. That is akin to speaking from both sides of the mouth. I am not, in the circumstances, persuaded that the applicants have demonstrated to me that they stand to suffer substantial loss, if an injunction or status quo order is not granted. It is apparent that their stay outside the estate has already been mitigated, by the payment of Kshs. 240,000/= which is aimed at getting them alternative accommodation. If one has been compensated to seek alternative accommodation, I do not see what substantial loss such person stands to suffer, if he moves out of his current residence.
22.Having found that the applicants have failed the test of substantial loss, it is not necessary for me to consider the issue of security.
23.For the reason that I am not persuaded that the applicants have demonstrated that they stand to suffer substantial loss, I have no option but to dismiss this application, and it is so dismissed with costs.
24.Orders accordingly.
DATED AND DELIVERED
THIS 23 DAY OF MARCH 2021
JUSTICE MUNYAO SILA
JUDGE, ENVIRONMENT AND LAND COURT OF KENYA
Mombasa
