Mjanaheri Farm Liminted v China Road & Bridge Corporation & another (Civil Appeal E038 of 2022) [2025] KECA 771 (KLR) (9 May 2025) (Judgment)
- Court
- Court of Appeal
- Case number
- 771
- Citation
- [2025] KECA 771 (KLR)
- Decided
- 9 May 2025
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from a ruling of the Environment and Land Court of Kenya at MalindiCoramDR. K. I. LAIBUTA, L. ACHODE, G. W. NGENYE-MACHARIA
Holding
The appeal is dismissed with no orders as to costs
Facts
Mjanaheri Farm Limited leased a portion of Mjanaheri Farm/M9/Malindi to China Road & Bridge Corporation for quarrying murram. The 1st respondent did not restore the land after excavation and occupation.
Issues
- Whether the appellant was entitled to special and general damages for the 1st respondent's failure to restore the land
- Whether the 1st respondent's counterclaim for loss was valid
Reasoning
The 1st respondent did not satisfy the trial court's judgment and the valuation of alleged damage was not a sufficient reason for review. The appellant's application was filed approximately 5 years after the judgement was delivered.
Outcome
Appeal dismissed
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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