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Agricultural Development Corporation v. Harjit Pandhal Singh & Attorney General

(2019) JELR 105622 (CA)

Court of Appeal  •  Civil Appeal 82 of 2017  •  25 Jul 2019  •  Kenya

Erastus Mwaniki Githinji, Hannah Magondi Okwengu, Jamila Mohammed



[1] This is an appeal by Agricultural Development Corporation (ADC) against the judgment of the Environment and Land Court (Obwayo, J) whereby the 1st respondent was awarded a total of Kshs. 100,000,000 with costs and interest against the appellant for breach of a covenant in a lease of land jointly with the 2nd respondent. The 2nd respondent in the appeal has also filed a notice of cross-appeal against the judgment for a total of Shs. 150,000,000 for breach of statutory duty and an additional sum of Shs. 100,000,000 totaling to Shs. 250,000,000 entered against him.

[2] On 14th September, 2009, Harjit Pandhal Singh the 1st respondent herein, filed a suit against ADC claiming Kshs. 145,000,000 being the total value of sugarcane crop and assets destroyed by squatters during the 2007/2008 post-election violence, which losses he attributed to breach of a contract of a lease by ADC. The appellant (ADC) filed a defence denying the claim. Following an application dated 12…

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