Githara & another v Mungai & 2 others (Tribunal Appeal E039 of 2024) [2025] KELAT 180 (KLR) (21 July 2025) (Judgment)
- Court
- KELAT
- Case number
- 180
- Citation
- [2025] KELAT 180 (KLR)
- Decided
- 21 July 2025
Summary at a glance
TypeLand AcquisitionPostureAppeal from a decision of the Land Acquisition TribunalCoramDR. NABIL M. ORINA, GEORGE SUPEYO
The entire suit is hereby dismissed with no orders as to costs.
Facts
The Plaintiffs claim compensation for improvements on the suit properties, which were acquired by the National Land Commission on behalf of the Kenya National Highways Authority. The 2nd Plaintiff has not filed a verifying affidavit or a witness statement.
Issues
- Whether the 3rd Respondent acted procedurally
- Whether the Plaintiffs have proved their case
Reasoning
The Plaintiffs did not provide evidence of the 2nd Plaintiff's authority to sign the verifying affidavit and the suit was filed against the 1st and 2nd Defendants rather than the estate of the deceased mother of the 2nd Plaintiff.
Outcome
Dismissal
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