Luke Njiru Kagereki v Industrial & Commercial Development Corporation & another [2019] KEELC 2198 (KLR)
- Court
- Environment & Land Court
- Case number
- 2198
- Citation
- [2019] KEELC 2198 (KLR)
- Decided
- 11 July 2019
The Plaintiff's suit is dismissed in its entirety. The Plaintiff is not entitled to the reliefs sought, or any one of them.
Facts
The Plaintiff, Luke Njiru Kagereki, claimed that he was the registered proprietor of land parcel No. Kagaari/Weru/1544, which was sold by the Industrial & Commercial Development Corporation (1st Defendant) to the 2nd Defendant, Edwin Nyaga Njamura, without his consent. The Plaintiff alleged that the sale was illegal and sought various reliefs including an injunction, declaration, cancellation of registration, damages, and eviction.
Issues
- Validity of the sale of the land
- Entitlement to damages
- Entitlement to an injunction
Reasoning
The court found that the sale of the land was lawful and that the Plaintiff failed to prove his case. The court also dismissed the claim for special damages due to lack of particularity.
Outcome
Dismissal of the Plaintiff's suit
Orders
- Dismissal of the Plaintiff's suit
- Award of costs to the Defendants
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