Samuel Githuka Njenga & 2 others v Naleye Enterprises Limited & another [2020] KEELC 1003 (KLR)
- Court
- Environment & Land Court
- Case number
- 1003
- Citation
- [2020] KEELC 1003 (KLR)
- Decided
- 1 October 2020
The court finds in favor of the applicants, ordering the 1st respondent to provide a detailed account of expenses and to pay any amount due to the applicants.
Facts
The applicants, trustees of KANU Mathare Ward, sold land parcels to the 1st respondent, Naley Enterprises Limited, in June 2016. The land was occupied by squatters, and the applicants were to receive a payment of Kshs. 50,000,000. The 1st respondent paid Kshs. 25,000,000 to the applicants and Kshs. 25,000,000 to KANU Head Office. The applicants were unable to remove the squatters, and the 1st respondent undertook the eviction, deducting expenses from the balance.
Issues
- Accounting for expenses incurred in evicting squatters
- Payment of remaining balance
Reasoning
The court found that the 1st respondent had an obligation to account for expenses incurred in evicting squatters and that the applicants had made out a case for the accounts sought.
Outcome
Judgment for the applicants
Orders
- 1st respondent to provide a detailed account of expenses
- 1st respondent to pay any amount due to the applicants
- each party to bear their own costs
Remedies
- Accounting for expenses
- Payment of remaining balance
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