Emfil Limited v Safaricom Limited (Civil Appeal E100 of 2022) [2025] KECA 1331 (KLR) (18 July 2025) (Judgment)
- Court
- Court of Appeal
- Case number
- 1331
- Citation
- [2025] KECA 1331 (KLR)
- Decided
- 18 July 2025
The appeal is dismissed with costs to the respondent, and the judgment of the Environment and Land Court is upheld.
Facts
Emfil Limited filed a suit against Safaricom Limited in the Environment and Land Court of Kenya at Mombasa, claiming that Safaricom Limited had installed a mast on land registered in the name of Jua Maisha Limited without permission. Safaricom Limited claimed the land was theirs.
Issues
- Whether Safaricom Limited had the right to install the mast on the land
- Whether the Environment and Land Court erred in not awarding mesne profits
Reasoning
The court found that the respondent did not have a relationship with the appellant regarding the suit property and that the appellant did not demonstrate a relationship with Jua Maisha Limited. The claim for mesne profits was not sustainable as there was no proof of economic activity on the property and the respondent vacated the premises.
Outcome
Appeal dismissed
Orders
- Appeal dismissed with costs to the respondent
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