[2016] KEELC 1201 (KLR)
The court found that the plaintiff was the registered owner of the land in question and that the defendants, without her consent, encroached upon her land and constructed a road and bridge, resulting in loss of land and destruction of property. The evidence, including the title deed and valuation report, was...
Source-derived case information.
- Citation
- [2016] KEELC 1201 (KLR)
- Parties
- Plaintiff: Paulina Kikwai Langat; Defendant: County Government of Bomet; Defendant: Kebinico Contractors Ltd
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 4 of 2015
- Procedural Posture
- Land Case / Judgment
- Outcome
- judgment for the plaintiff
- Judges
- MA Silau
- Legal Topics
- Compulsory Acquisition, Trespass, Compensation for Land, Valuation of Land, Public Infrastructure, Damages
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Paulina Kikwai Langat
Plaintiff
County Government of Bomet
Defendant
Kebinico Contractors Ltd
Defendant
Procedural Posture
Land Case / Judgment
Legal Issues
- 1 Whether the defendants unlawfully encroached and constructed a road and bridge on the plaintiff's land without consent.
- 2 Whether the plaintiff is entitled to compensation for loss of land, destruction of fence, and trees.
Ratio Decidendi
The court found that the plaintiff was the registered owner of the land in question and that the defendants, without her consent, encroached upon her land and constructed a road and bridge, resulting in loss of land and destruction of property. The evidence, including the title deed and valuation report, was unchallenged as the defendants failed to participate in the proceedings. The court held that the plaintiff was entitled to compensation for the value of the land lost and the destroyed fence and trees, amounting to Kshs. 811,492.50, together with costs and interest. The judgment was entered against the defendants jointly and severally.
Court Disposition
judgment for the plaintiff
Orders
- Judgment entered for the plaintiff against the defendants jointly and severally for Kshs. 811,492.50.
- Defendants to pay costs of the suit and interest.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT OF KENYA
AT KERICHO
ENVIRONMENT AND LAND CASE NO. 4 OF 2015
PAULINA KIKWAI LANGAT............................................................................................................. PLAINTIFF
VERSUS
COUNTY GOVERNMENT OF BOMET.............................................................................1ST DEFENDANT
KEBINICO CONTRACTORS LTD ................................................................................. 2ND DEFENDANT
JUDGMENT
(Suit for compensation for loss of land; defendant building a road and bridge on part of the plaintiff's land; case of plaintiff not opposed; judgment entered for the plaintiff for value of loss incurred.)
The defendants in this case did not enter appearance nor file any document to oppose the plaintiff's case. The case of the plaintiff is therefore uncontroverted.
Through a plaint filed on 22nd January 2015, the plaintiff pleaded that she is the registered owner of the land parcel Kericho/East Sotik S.S/ 159. She pleaded that in the year 2014, the 1st defendant through the 2nd defendant, trespassed into her land and constructed a road and bridge for public use, without her consent. As a result, she has lost part of her land. Her fence and trees were also destroyed. She has through this suit, claimed compensation for her loss.
The plaintiff testified and called two witnesses one of whom was a surveyor. She also produced her title deed and a valuation report which outlined the loss that she has suffered. The evidence shows that there had been a road and bridge which bordered the plaintiff's land. It appears as if the County Government of Bomet wanted to rehabilitate this road and bridge. In doing so, they encroached into the land of the plaintiff so that part of the rehabilitated road and bridge now lie within the plaintiff's land. The area encroached is the equivalent of 0. 25 of an acre valued at Kshs. 750,000/= by Prime Valuers through their report dated 3rd September 2015. The fence and trees destroyed have been valued at Kshs. 61, 492. 50/=. The total loss incurred by the plaintiff is therefore Kshs. 811, 492. 50/=.
As I mentioned in my first sentence, the defendants have not opposed the case of the plaintiff. It is apparent from the evidence on record that the plaintiff has suffered loss owing to the activities of the defendants. She is entitled to compensation and I hereby enter judgment in her favour as against the defendants jointly and/or severally for the sum of Kshs. 811, 492. 50/= alongside costs and interest.
It is so ordered.
DELIVERED, DATED AND SIGNED AT KERICHO THIS 29TH DAY OF JANUARY, 2016.
MUNYAO SILA
JUDGE
ENVIRONMENT & LAND COURT
In the presence of;
1. Mr. J.K.Rono for the Plaintiff
2. Defendants- Absent
3. Court Assistant- Kenei