Kitamaiyu Limited v China Gansu International Corporation for Economic Technical Corporation Company Limited [2020] KEELC 3124 (KLR)
- Court
- Environment & Land Court
- Case number
- 3124
- Citation
- [2020] KEELC 3124 (KLR)
- Decided
- 8 April 2020
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeTortPostureAppeal from a judgment of the Environment and Land Court at ThikaCoramL. GACHERU
Holding
The Court finds that the Defendant unlawfully trespassed onto the Plaintiff's suit property and awards aggravated damages of Kshs.55,042,000/=.
Facts
Kitamaiyu Limited filed a suit against China Gansu International Corporation for Economic Technical Corporation Company Limited, seeking orders to desist from trespass, restore the suit premises, and for damages due to unlawful trespass.
Issues
- Whether the Defendant had a right to enter the Plaintiff's suit property
- Whether the Plaintiff is entitled to aggravated damages for unlawful trespass
Reasoning
The Court held that the Defendant's entry onto the Plaintiff's property without permission constituted trespass. The Plaintiff's evidence was found credible, and the damages were awarded based on the valuation report.
Outcome
Judgment for the Plaintiff on all prayers
Orders
- An order requiring the Defendant to desist from trespass and restore the suit premises
- A permanent injunction against the Defendant from interfering with the suit premises
- Aggravated damages of Kshs.55,042,000/= for unlawful trespass
Remedies
- Damages awarded
Authorities cited
Cases cited (3)
- Shaneebal Limited v County Government of Machakos (2018)eKLR
- Karuru Munyororo v Joseph Ndumia Murage & Another (Nyeri HCCC No.95 of 1988)
- Kenya Power & Lighting Company Limited v Nathan Karanja Gachoka & another (2016) eKLR
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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