Registered Trustees of Premier Club & 2 others v Commissioner of Lands (Civil Appeal 85 of 2018) [2024] KECA 281 (KLR) (8 March 2024) (Judgment)
- Court
- Court of Appeal
- Case number
- 281
- Citation
- [2024] KECA 281 (KLR)
- Decided
- 8 March 2024
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from the Judgment and Decree of the High Court of Kenya at Nairobi (Sergon, J.) dated 10th November, 2017.CoramMummi Ngugi, K. M'Inoti, Asike-Makhandia
Holding
The appeal is dismissed with costs to the respondent.
Facts
The Commissioner of Lands awarded compensation to the appellants for their parcels of land, but the appellants argued they were entitled to compensation for their interest in the land, not just for developments.
Issues
- Whether the High Court erred in law when it dismissed the appellants' appeal.
- Whether the respondent adhered to the Land Acquisition Act and special conditions of the leases.
- Whether the appellants were entitled to prompt and full compensation for their land.
- Whether the respondent could acquire the appellants' land without prompt and full compensation.
Reasoning
The Court agreed with the High Court's reasoning and found that the respondent adhered to the Land Acquisition Act and special conditions of the leases. The appellants were not entitled to prompt compensation for their interest in the land.
Outcome
Appeal dismissed
Authorities cited
Legislation (2)
- Land Acquisition Act
- Constitution of Kenya
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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