Nuclear Investment Limited v Nairobi County Government & 2 others (Civil Suit 393 of 2018) [2025] KEELC 722 (KLR) (18 February 2025) (Judgment)
- Court
- Environment & Land Court
- Case number
- 722
- Citation
- [2025] KEELC 722 (KLR)
- Decided
- 18 February 2025
The Plainti’s case has been successfully proved against the 1st and 3rd Defendants, and a permanent injunction is issued restraining the 1st Defendant from interfering with the Plainti’s property. Special and general damages are awarded, and costs are payable by the 1st Defendant.
Facts
Nuclear Investment Limited claimed compensation and an injunction against Nairobi County Government and Nairobi Metropolitan Services for illegal encroachment and demolition of their property. The 1st Defendant, Nairobi County Government, demolished the perimeter wall of the property on 3rd September 2018, causing damage and exposing the property to looters. The 2nd Defendant, National Land Commission, conducted a valuation of the property in April 2020, assessing its value at Kshs. 190,050,000/=.
Issues
- Whether the Plainti’s case against the Defendants has been proved to the required standard.
- Whether the Plainti is entitled to the reliefs sought.
Reasoning
The court found that the 1st Defendant violated the Plainti’s rights by demolishing the perimeter wall without notice or opportunity to be heard. The Plainti is the registered proprietor of the property, and the 2nd Defendant was not involved in the acquisition process.
Outcome
Partial success for the Plainti
Orders
- A permanent injunction restraining the 1st Defendant from interfering with the Plainti’s property.
- Special damages of Kshs. 1,295,000/= awarded to the Plainti.
- General damages for trespass of Kshs. 1,000,000/= awarded to the Plainti.
- Costs of the suit payable by the 1st Defendant.
- Interest at court rates on item (b) from the date of filing suit until its payment in full.
Remedies
- Permanent injunction
- Special damages
- General damages
- Costs of the suit
- Interest on special damages
Authorities cited
Legislation (2)
- Land Act, 2012
- Evidence Act
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