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RULING OF THE COURT
1. Isaya Mugambi M’Muketha (the respondent) sued The County Government of Meru (the applicant) before the Environment and Land Court at Chuka (ELC) claiming, inter alia, Ksh. 2,850,000 being value of his property demolished by the applicant; loss of user of the premises for 89 years, being the unexpired lease term in the sum of Ksh. 126,200,000 and other general, aggravated and exemplary damages. The applicant had demolished the respondent’s building and converted the plot into a public park.
2. The respondent was successful in the suit and he was awarded Ksh 2,850,000 being value of the destroyed building; Ksh, 63,100,000 for loss of user for the term of the unexpired lease, being 89 years; Ksh. 1,000,000 as general damages; Ksh. 2,000,000 exemplary and aggravated damages plus costs of the suit.
3. Being aggrieved, the applicant filed an appeal to this Court challenging the said award on various grounds. The appeal – Civil Appeal No. 80 of 2016 was heard by this Cour…