Telcom Kenya Ltd v Wanene & 3 others (Environment & Land Case 98 of 2015) [2024] KEELC 5230 (KLR) (4 July 2024) (Judgment)
- Court
- Environment & Land Court
- Case number
- 5230
- Citation
- [2024] KEELC 5230 (KLR)
- Decided
- 4 July 2024
The court found that the Defendants were entitled to compensation for the land taken by the Plaintiffs, but no payment was made. The court also found that the Plaintiffs had made entry to the suit land before providing funds for alternative land, entitling them to damages.
Facts
Telcom Kenya Ltd settled on land owned by Francis M Wanene, Margaret Janet Kariuki, and The Bom Gitithia Mixed High School. The Plaintiffs took possession of the land in 1986 and built a repeater station. The Defendants claimed compensation for the land, but no payment was made.
Issues
- Whether the Defendants were entitled to compensation for the land taken by the Plaintiffs
- Whether the compensation was paid
- Whether the orders of permanent injunction can issue against the Defendants
- Whether the orders of eviction can be granted against the Plaintiffs
Reasoning
The court evaluated the evidence and concluded that the Defendants were entitled to compensation, but no payment was made. The Plaintiffs had made entry to the suit land before providing funds for alternative land, entitling them to damages.
Outcome
Appeal dismissed
Orders
- No permanent injunction against the Defendants
- No orders of eviction against the Plaintiffs
Remedies
- Damages for trespass
Authorities cited
Legislation (1)
- Section 75 of the previous Constitution
Cases cited (3)
- Kamau & 2 Others [2016] eKLR
- Duncan Nderitu Ndegwa v. KP& LC Limited & Another (2013) eKLR
- Isinya Roses Limited v Zakayo Nyongesa [2016] eKLR
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