David Kisiero Kiboi v Board of Governors Saboti Sec School & 2 others [2015] KEHC 2648 (KLR)
- Court
- High Court of Kenya
- Case number
- 2648
- Citation
- [2015] KEHC 2648 (KLR)
- Decided
- 30 September 2015
The court orders the plaintiff to be compensated in monetary terms equivalent to 7.6 acres at prevailing market rates of land at Kitalale Settlement Scheme.
Facts
The plaintiff is the registered owner of land, which he gave to Saboti Secondary School. The school took possession of the land in 2002 and the plaintiff voluntarily surrendered it. The school was to be given a plot of 7.6 acres at Kitalale Settlement Scheme, but this plot was non-existent.
Issues
- Eviction of the school from the land
- Compensation for the land
Reasoning
The court finds that the plaintiff voluntarily surrendered the land to the school and deserves compensation. The school is a public institution benefiting the local community, and it is not fair to evict them from the land.
Outcome
The plaintiff is ordered to be compensated in monetary terms equivalent to 7.6 acres at prevailing market rates of land at Kitalale Settlement Scheme.
Orders
- The plaintiff is ordered to be compensated in monetary terms equivalent to 7.6 acres at prevailing market rates of land at Kitalale Settlement Scheme.
- The defendants shall pay costs of this suit to the plaintiff.
Remedies
- Compensation in monetary terms equivalent to 7.6 acres at prevailing market rates of land at Kitalale Settlement Scheme.
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