Registered Trustees of Markaz - Ur – Rashad Trust v Kenya Urban Roads Authority (KURA) & another (Environment & Land Case 1243 of 2015) [2023] KEELC 468 (KLR) (26 January 2023) (Judgment)
- Court
- Environment & Land Court
- Case number
- 468
- Citation
- [2023] KEELC 468 (KLR)
- Decided
- 26 January 2023
Summary at a glance
TypeLand SuitPostureAppeal from the original trialCoramLN MBUGUA
The suit is dismissed with no orders as to costs.
Facts
The plaintiff, Registered Trustees of Markaz - Ur – Rashad Trust, claims that the defendants, Kenya Urban Roads Authority (KURA) and WAK Construction Limited, unlawfully constructed a public road on their land without compensation.
Issues
- Validity of the defendants' construction of the road
- Compensation for the land acquired for the road construction
- Declaration of defendants' unlawful entry on the plaintiff's land
Reasoning
The plaintiff failed to provide relevant survey maps from the Government survey departments to prove that the road was built on private land.
Outcome
Dismissed
Authorities cited
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