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Coast Water Services Board v. Juma Abdalla Vitu, Rajab Abdalla Mwangalia, Mwanaisha Abdalla Vitu, Kwale Water nd Sewerage Company Limited & Mombasa Water Supply and Sanitation Company Limited

(2018) JELR 103132 (CA)

Court of Appeal  •  Civil Appeal 80 of 2017  •  5 Jul 2018  •  Kenya

Coram
Alnashir Ramazanali Magan Visram, Martha Karambu Koome, Wanjiru Karanja

Judgement

JUDGMENT OF THE COURT

1. Apparently in the year 1976, the government embarked on a project of sinking boreholes on private land to meet the rising demand for water. According to the 1st, 2nd and 3rd respondents, the project was undertaken with the sponsorship of the Swedish International Development Co-operation Agency (SIDA). One of the parcels which had been earmarked for the project was KWALE/WAA/1101 (suit property) which was registered in favour of Abdalla Juma Vitu (deceased), the 1st, 2nd and 3rd respondents’ father.

2. Before the boreholes were sunk, the deceased, on one part and the government and SIDA, on the other part, entered into a contract, at least as per the 1st, 2nd and 3rd respondents. Whether the contract was oral or reduced in writing is a point of contention. Be that as it may, it is alleged that one of the terms of the contract was that in exchange for the boreholes being dug on the property, the deceased would be paid a monthly amount of Kshs.6,000 effective from…

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