The Environment and Land Court has issued a temporary order blocking the construction of 216 apartments in the Westlands area, which the developer says will cost Sh1.7 billion.
Justice Jacqueline Mogeni directed Patterson Investment Ltd to put on hold the construction on Rhapta Road in Westlands, pending the determination of the boundary dispute.
The developer was taken to court by Pearl Homes Management Ltd alongside Gibson Kanyi and James Mulela Mweu alleging that a part of the portion earmarked for construction is a public road.
“In my considered view, it is better to safeguard and maintain the status quo for a greater justice than to let the status quo be disrupted by not granting the interlocutory injunction and after hearing the application, find that a greater injustice has been occasioned,” the judge said.
Mr Mulela said the developer has erected a billboard, indicating the intention to start the works.
Through lawyer Titus Koceyo, Pearl Homes said the construction of such a high-rise building on the property will be costly to bring down in case their petition succeeds.
The developer said the Environment and Land Court does not have the jurisdiction to determine the case.
In an affidavit, Mr Amip Patel said the dispute revolves around the boundary which should be determined by the director of survey as provided in the Land Registration Act.
