The Court of Appeal has temporarily halted the demolition of structures erected by property developer Erdemann Property Limited on land belonging to Ngara Girls High School, pending the hearing and determination of an appeal challenging an earlier court ruling.
In its decision, the appellate court stayed the execution of orders issued by the Environment and Land Court (ELC), which had directed the developer to vacate the disputed land, demolish all structures within 60 days and restore the property to its original condition.
The appellate judges, however, directed Erdemann to furnish a bank guarantee of Sh23 million within 45 days as security pending the outcome of the appeal.
The Environment and Land Court had also awarded Ngara Girls High School Sh23 million in damages for trespass and violation of the institution’s constitutional rights, with interest accruing until the land is restored to the school.
According to court documents, the school had leased the land to Erdemann for a period of three years for the temporary storage of construction materials during the development of the River Estate Project.
The lease expired on June 10, 2023, but the school maintained that the developer continued occupying the property and operating a concrete batching plant on the site, activities it said interfered with learning and school operations.
Erdemann disputed the claims, arguing that its activities were being carried out on a separate parcel of land that does not belong to the school. The company also maintained that its operations were properly licensed and lawful.
The developer further argued that the dispute concerning alleged trespass and environmental degradation should have been addressed through ordinary legal proceedings rather than a constitutional petition.
In its application for stay orders, Erdemann told the Court of Appeal that enforcing the Environment and Land Court judgment before the appeal is heard would render the appeal futile, noting that demolition of the structures would be irreversible and that recovering the Sh23 million damages would be difficult even if the company eventually succeeded in the appeal.
The appellate court found that the appeal raised arguable issues that warrant judicial consideration, including whether the developer had indeed trespassed onto the school’s land and whether the Environment and Land Court properly exercised its constitutional jurisdiction in granting the orders.
While allowing the stay application, the judges directed the company to immediately cease operations of the cement batching plant located on the disputed property until the appeal is determined.
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