Nakuru Teachers Housing Co-op Society v Kianjoya Enterprises Limited; Nine Sisters Limited (Objector) [2020] KEHC 6183 (KLR)
- Court
- High Court of Kenya
- Case number
- 6183
- Citation
- [2020] KEHC 6183 (KLR)
- Decided
- 30 April 2020
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureApplication for excision of land to satisfy costsCoramRACHEL NGETICH
Holding
The court ruled that the costs were not included in the valuation of the land and ordered the respondent to pay the costs plus interest.
Facts
The applicant sought to excise 1 acre of land from parcel LR Miti Mingi Mbaruk Block 8/2514 (KIANJOYA “D”) to satisfy a bill of costs of Kshs.2,599,847. The respondent, Kianjoya Enterprises Limited, had not paid the costs despite several reminders.
Issues
- Whether the agreed sum of Kshs.58,975,000 covered both compensation and costs
- Whether the costs were included in the valuation of the land
Reasoning
The court noted that the valuation of the land and the costs were agreed separately and the costs were not included in the valuation at the time the land was excised.
Outcome
The respondent was ordered to pay the costs of Kshs.2,599,847 plus interest, and one acre of the land was excised to satisfy the costs.
Orders
- One acre of parcel LR MITI MINGI MBARUK BLOCK 8/2514(KIANJOYA “D”) to be excised and sold at current market price
- The balance of the sale to be released to the respondent
- Costs of the application to be awarded to the applicant
Remedies
- Excision of one acre of land to satisfy the costs
- Award of costs to the applicant
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.
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