SETH NYAWARE OMAMO v KITALE ELGON CO-OPERATIVE UNION LTD [2007] KEHC 2915 (KLR)
- Court
- High Court of Kenya
- Case number
- 2915
- Citation
- [2007] KEHC 2915 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil SuitPostureAppeal from a judgment declaring the sale unlawful and ordering evictionCoramJ.L.A. OSIEMO
Holding
Judgment for the Plaintiff for Shs.13,068,000/= with costs and interest.
Facts
The Plaintiff purchased a farm for Sh.1.2 million in 1981. The Agriculture Finance Corporation sold the farm at public auction in 1987 to recover a loan. The Plaintiff challenged the sale in HCCC, which declared it unlawful and ordered the Plaintiff to be the registered owner. The Defendant appealed, but the appeal was struck out. The Plaintiff applied for eviction, which was granted.
Issues
- Mesne profits, loss of use of the suit property and damages of waste of the suit property.
- Loss of income and housing.
- Any other relief that the court may deem fit to grant together with costs and benefits.
Reasoning
The court declared the sale unlawful and ordered the Plaintiff to be the registered owner. The Plaintiff engaged valuers to assess the rental value of the farm and the court awarded damages based on these assessments.
Outcome
Judgment for the Plaintiff
Orders
- Judgment for the Plaintiff for Shs.13,068,000/= with costs and interest.
Remedies
- Judgment for the Plaintiff for Shs.13,068,000/= with costs and interest.
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
Loading judgment…