Khimji Bhimji Seyani & 2 others v Attorney General [2015] KEELC 716 (KLR)
- Court
- Environment & Land Court
- Case number
- 716
- Citation
- [2015] KEELC 716 (KLR)
- Decided
- 13 March 2015
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLand AcquisitionPostureAppeal from the original trialCoramJ. M. MUTUNGI
Holding
The plaintiffs are the lawful owners of the land and are entitled to compensation for the market value of the land.
Facts
The plaintiffs claim to have purchased land parcel L.R No. 209/3217, which was registered and transferred to them. The Ministry of Housing took possession of the land and constructed apartments on it without notice or compensation.
Issues
- Ownership of the land
- Compensation for compulsory acquisition
Reasoning
The court found that the plaintiffs had proved their case on a balance of probabilities and that the process of compulsory acquisition was not adhered to, thus the compensation schedule would not apply.
Outcome
Judgment in favor of the plaintiffs
Orders
- Title registered in plaintiffs' names should be cancelled and issued in the defendant's name or nominee
- Compensation of Kshs.100,000,000/- with interest
Remedies
- Compensation of Kshs.100,000,000/- with interest
Authorities cited
Legislation (1)
- Land Acquisition Act
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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