Nzomo (Suing as the Legal Representative of the Estate of the Late Daniel Nzomo Wambua) v Makueni County Government (Environment & Land Case 355 of 2017) [2022] KEELC 2394 (KLR) (31 May 2022) (Judgment)
- Court
- Environment & Land Court
- Case number
- 2394
- Citation
- [2022] KEELC 2394 (KLR)
- Decided
- 31 May 2022
Summary at a glance
TypeLand SuitPostureAppeal from the original trialCoramCG MBOGO, E. Obaga, Newbold
The court dismissed the plaintiff's claims and ordered the defendant to pay mesne profits and interest.
Facts
The plaintiff, Thomas Matee Nzomo, sues the defendant, Makueni County Government, for eviction and compensation of land, as well as mesne profits and damages.
Issues
- Whether the defendant has the right to occupy the land
- Whether the defendant should be ordered to pay compensation
- Whether the defendant should be ordered to pay mesne profits
- Whether the defendant should be ordered to pay interest and general damages
Reasoning
The court found that the defendant had the right to occupy the land and that the sale agreement was valid. The court also found that the plaintiff had not provided evidence to support the claims for compensation and eviction.
Outcome
Appeal dismissed
Orders
- Mesne profits in the amount of Kshs. 55,000,000/= from 1990 to the date of payment
- Interest on mesne profits and other claims at court rates from 1990 to the date of payment
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