Soita (Suing as a representative of the Estate of Peter Soita Shitanda) v Malumasi & 2 others (Environment & Land Case E004 of 2022) [2024] KEELC 4119 (KLR) (9 May 2024) (Judgment)
- Court
- Environment & Land Court
- Case number
- 4119
- Citation
- [2024] KEELC 4119 (KLR)
- Decided
- 9 May 2024
Summary at a glance
TypeLand SuitPostureAppeal from an original trialCoramE. Obaga, EC CHERONO, Lord Camden, Mugure Thande
The court will not consider the issue of ownership of the suit land as it has been ruled upon by another court. The 3rd defendant is entitled to general damages for the trespass on the suit land.
Facts
The deceased and the 1st defendant are co-directors and shareholders of the 3rd defendant company, which was incorporated in 2008 with each holding 500 shares. The 3rd defendant is declared the owner of the suit land.
Issues
- Whether the 3rd defendant has made out a case for the orders sought in its counter-claim.
- What constitutes sufficient damages for the trespass on the suit land.
Reasoning
The court considers the applicable law on computation of damages and the case of Philip Ayaya Aluchio v Crispinus Ngayo [2014] eKLR to determine the measure of general damages.
Outcome
The court will not consider the issue of ownership of the suit land. The 3rd defendant is entitled to general damages for the trespass on the suit land.
Authorities cited
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