Samuel E.O.Bosire v Attorney General [2018] KEELC 1476 (KLR)
- Court
- Environment & Land Court
- Case number
- 1476
- Citation
- [2018] KEELC 1476 (KLR)
- Decided
- 26 July 2018
The court finds that the plaintiff is entitled to a refund of Kshs.836,557 and interest at court rates from 1st June 2011 until payment in full.
Facts
In 1990, the plaintiff applied to the Commissioner of Lands for land allocation for a residential house. The Commissioner allocated land LR No.21723 at Kabete, Nairobi. The plaintiff applied for a grant, which was processed after engaging a lawyer. In June 2011, the plaintiff was informed that his title had been revoked due to an allocation error. He surrendered the title documents and sought refund, but no refund was provided.
Issues
- Whether the plaintiff is entitled to refund of what he spent towards acquisition of the property
Reasoning
The court considers the evidence and the plaintiff's payments, finding that he is entitled to the amount he pleaded. The court grants interest at court rates from the date of the refund request.
Outcome
Judgment for the plaintiff
Orders
- Special damages of Kshs.836,557
- Interest on special damages at court rates from 1st June 2011 until payment in full
- Costs of the suit
Remedies
- Refund of Kshs.836,557
- Interest on the refund at court rates
Authorities cited
Cases cited (1)
- Serah Njeri Mwobi Vs John Kimani Njoroge (2013) eKLR
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