Coast Neurology Center Limited v Mohamed Kasim Bakari & 3 others [2020] KEELC 1699 (KLR)
- Court
- Environment & Land Court
- Case number
- 1699
- Citation
- [2020] KEELC 1699 (KLR)
- Decided
- 14 July 2020
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLand DisputePostureAppeal from the original trial judgmentCoramC.K. YANO
Holding
The court finds in favor of the plaintiff, awarding Kshs.12,086,840/= in total.
Facts
The plaintiff, Coast Neurology Center Limited, bought a parcel of land from Mohamed Kasim Bakari, the 1st defendant, for sugarcane farming. The plaintiff claims the defendants deprived it of its right to use the land.
Issues
- Compensation for loss of land
- Costs of clearing land
- General damages for breach of trust
- Aggravated and exemplary damages
- Costs and interest
Reasoning
The court finds the plaintiff's case proved on a balance of probabilities, awarding compensation for the land, costs of clearing, general damages, and aggravated and exemplary damages.
Outcome
In favor of the plaintiff
Orders
- Costs of the land - Kshs.12,000,000/=.
- Costs of clearing the land - Kshs86, 840/=.
- General damages - Kshs. 3,000,000/=.
- Aggravated and exemplary damages - Kshs.2, 000,000/=.
- Costs of the suit plus interest from the date of this judgment until payment in full at court rates.
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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