SETH NYAWARE OMAMO v KITALE ELGON CO-OPERATIVE UNION LTD [2007] KEHC 593 (KLR)
- Court
- High Court of Kenya
- Case number
- 593
- Citation
- [2007] KEHC 593 (KLR)
- Decided
- 8 May 2007
The court orders judgment for the Plaintiff for Shs.13,068,000/= with costs and interest.
Facts
The Plaintiff, Seth Nyare Omamo, bought a farm for Sh.1.2 million in 1981. The Agriculture Finance Corporation (AFC) 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, Kitale Elgon Co-operative Union Ltd, appealed but the appeal was struck out. The Plaintiff then 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 calculated the total rental value for 18 years.
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.
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