[2018] KEELC 1235 (KLR)
The court determined that, due to conflicting claims regarding the extent of land acquired and its valuation, a joint valuation and a site visit are necessary to establish the facts. The court also found that expert evidence from a government surveyor is required to confirm the actual acreage acquired for the power...
Source-derived case information.
- Citation
- [2018] KEELC 1235 (KLR)
- Parties
- Plaintiff: Joseph Wangombe Ngatia; Defendant: Kenya Electricity Generating Company
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Thika
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 505 of 2017
- Procedural Posture
- Land and Property Suit / Directions
- Outcome
- directions issued for joint valuation, site visit, and expert evidence; matter to be mentioned for further directions.
- Judges
- LN Gacheru
- Legal Topics
- Compulsory Acquisition, Land Valuation Dispute, Compensation for Acquisition
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joseph Wangombe Ngatia
Plaintiff
Kenya Electricity Generating Company
Defendant
Procedural Posture
Land and Property Suit / Directions
Legal Issues
- 1 Whether the defendant acquired the plaintiff's entire 10 acres or only 0.72 hectares.
- 2 What is the correct valuation of the acquired land for compensation purposes.
- 3 Whether a joint valuation and site visit are necessary for just determination.
Ratio Decidendi
The court determined that, due to conflicting claims regarding the extent of land acquired and its valuation, a joint valuation and a site visit are necessary to establish the facts. The court also found that expert evidence from a government surveyor is required to confirm the actual acreage acquired for the power station. These steps are essential to ensure a fair and just resolution of the dispute and to determine appropriate compensation, if any, to the plaintiff.
Court Disposition
directions issued for joint valuation, site visit, and expert evidence; matter to be mentioned for further directions.
Orders
- A joint valuation of the land to be conducted with costs shared by both parties.
- A site visit to be undertaken to ascertain the extent of acquired land.
Full Case Text
Judgment text and source record
27 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT THIKA
ELC CASE NO.505 OF 2017
JOSEPH WANGOMBE NGATIA...............................................PLAINTIFF
VERSUS
KENYA ELECTRICITY GENERATING COMPANY.........DEFENDANT
DIRECTIONS
The Court has considered the evidence on record and there is a dispute as to whether the Plaintiff’s whole 10 acres were affected and acquired or only 0. 72 Hectares was acquired by the Defendant. Further, there is a dispute on the valuation of the land.
For a just determination of the matter;-
i. The Court finds it prudent to order for a joint valuation of the land value and both parties to contribute for costs of the said valuation.
ii. A site visit is necessary to ascertain the extend of the said acquired land.
iii. Evidence of witness from surveyor of Kenya is necessary to confirm what acreage was indeed acquired for the purpose of putting up the power station.
iv. Matter to be mentioned on 6th November 2018.
It is so ordered.
Dated, Signed and Delivered at Thikathis 19th day of October 2018.
L. GACHERU
JUDGE
In the presence of
M/S Karwitha holding brief for Mr. Orege for the Plaintiff
Mr. Gitau holding brief for M/S Matunda for the Defendant
Lucy - Court clerk.
L. GACHERU
JUDGE
Court – Directions read in open court.
L. GACHERU
JUDGE
19/10/2018