Case law
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Division and case type: Environment and Land CourtCivil Suit
Division and case type: Environment and Land CourtCivil Suit
Division and case type: Environment and Land CourtCivil Suit
…That as required, the plaintiff vacated the plot and was paid Kshs.245,928/= being part of compensation for the development on the plot, on the 5th June 2015, on the promise that compensation for the land was to be paid in…
…for compensation to be paid or go to court.…
Division and case type: Environment and Land CourtCivil Suit
…acre with compensation payable at 40%value of the wayleave trace.…
…of Just Compensation) Rules.…
Division and case type: Environment and Land CourtCivil Suit
…That as required, the plaintiff vacated the plot and was paid Kshs.245,928/= being part of compensation for the development on the plot, on the 5th June 2015, on the promise that compensation for the land was to be paid in…
…for compensation to be paid or go to court.…
Division and case type: Environment and Land CourtCivil Suit
…That as required, the plaintiff vacated the plot and was paid Kshs.245,928/= being part of compensation for the development on the plot, on the 5th June 2015, on the promise that compensation for the land was to be paid in…
…for compensation to be paid or go to court.…
Division and case type: Environment and Land CourtCivil Suit
…That as required, the plaintiff vacated the plot and was paid Kshs.245,928/= being part of compensation for the development on the plot, on the 5th June 2015, on the promise that compensation for the land was to be paid in…
…for compensation to be paid or go to court.…
Division and case type: Environment and Land CourtELC Land Civil Suit
…Kinango/Bofu/2816:- compensation already paid to the 2nd Respondent PAULINE USHINDI MWANZARA. iii. Kinango/Bofu/2821:- compensation for this parcel had not been processed or paid.…
…Kinango/Bofu/2823:- Compensation already paid to the 4th Respondent MALU CHILUMO KAINGU vi. Kinango/Bofu/2824:- compensation for this parcel had not been processed or paid.…
Division and case type: Environment and Land CourtPetition
…The certificate of payment indicates that the residents were happy with the compensation. 2.…
…It is the petitioners’ onus to prove that the mode of compensation was not sufficient according to custom… DW1 testified that the compensation was done at the market rate then and that there was no complaint upon compensation…
Division and case type: Environment and Land CourtELC Land Civil Suit
…issued award letters, and there existed a real and imminent risk that compensation monies shall be released without further notice unless this application was certified as urgent and heard immediately. i) Once compensation…
…. c) Contrary to the Applicant's apprehensions, the Commission had not made any payment of compensation to the 1st Defendant/Respondent or any other party in relation to the suit property. d) The reason the compensation…
Division and case type: Environment and Land CourtCivil Suit
…She stated that she was not aware that it was KENHA who was to give the money for compensation. She stated that she was aware that the 1st Defendant had received money for compensation from KENHA.…
…The Land (Assessment of Just Compensation) Rules, 2017 (The Land Compensation Rules), pursuant to section 111 (2) of the Land Act focus on the assessment of compensation payable to persons who possess an interest in land.…
Division and case type: Environment and Land CourtELC Land Judicial Review
…He followed the compensation mechanism laid down under Section 25 of the Wildlife Conservation and Management Act, Cap. 376 by filing a Compensation Claim Form with the 1 st Respondent in January, 2024, with the last part…
…Under Regulation 27 of the Wildlife Conservation and Management (Compensation) Regulations, 2017, the claim ought to have been verified and recommended by the County Wildlife Conservation and Compensation Committee within…
Division and case type: Environment and Land CourtCivil Suit
…The Court is therefore left with the issue of compensation to be determined. The compensation to the Plaintiffs is based on the judgment on Objection No. 62/92/93 (PEXH 3).…
…Plaintiffs aver that they are entitled to compensation in the amount disclosed in the Valuation Report to the tune of Kshs. 700,000,000/- and that the 1st respondent has failed to pay the compensation, hence this lawsuit.…
Division and case type: Environment and Land CourtPetition
…When parties are unable to agree on the amount or method of payment of the compensation, or if a person entitled to compensation is dissatisfied, the time taken to pay compensation can negotiate or apply to court to determine…
…S. 148 (5) “If the person entitled to compensation under this section and the body under a duty to pay that compensation are unable to agree on the amount or method of payment of that compensation or if the person entitled…
Division and case type: Environment and Land CourtJudicial Review
…The application appears to be driven by self-interest, aiming to limit compensation to 66 people and exclude the wider clan.…
…He argued that, because the National Land Commission has already delivered its final compensation award, there is no longer any live issue for adjudication by this Court.…
Division and case type: Environment and Land CourtCivil Suit
…The Plaintiffs averred that the Defendant had already dug up parcels of land belonging to other persons and was engaged in selective compensation exercise by giving compensation to other land owners and leaving out others…
…PW1stated that in 1991, he was paid more compensation than the Club. He stated that the compensation they were referring to in paragraph 5 of the amended plaint was the latest.…
Division and case type: Environment and Land CourtELC Land Appeal
…It was submitted that the Appellants failed to prove their entitlement to compensation on a balance of probabilities.…
…Such a demonstrable evidence would justify compensation in lieu of proprietary enjoyment.…
Division and case type: Environment and Land CourtELC Land Petition
…The first is that, while liability and the entitlement to compensation were conclusively determined, the Decree did not fix the quantum of the “adequate compensation” so ordered.…
…They contend that the Decree ordered “adequate compensation” but did not fix a specific sum, and that the Court should now do so.…
Division and case type: Environment and Land CourtELC Land Civil Suit
…That the said compulsory acquisition of the Plaintiff’s land has been done without compensation to the Plaintiff.…
…Section 112 of the Land Act then involves the landowner directly for purposes of determining proprietary interest and compensation.…
Division and case type: Environment and Land CourtPetition
…once the requirements of just compensation were met. q.…
…Just compensation is consequently mandatory.” 51.…