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(2020) JELR 98630 (CA)

Court of Appeal  •  Civil Application 190 of 2018  •  5 Jun 2020  •  Kenya

William Ouko



The respondent, who is the registered owner of L.R. No. 1870/IX/170-Westlands, Nairobi, sued the applicant claiming that the latter, having expressed an interest in purchasing the suit property failed to complete the transaction but instead, sometime in June, 2013, forcefully moved on to the suit property and embarked on the construction on it of what was marked as Westlands Market; that the applicant’s officers, together with the contractor, totally blocked the respondent from accessing the suit property and fenced it off; that in the process, it was denied rent that would have accrued from the space estimated at Ksh 200,000 per month; and that the suit property was, at the time the case was filed, valued at Ksh 325,000,000/=. Contending that the applicant’s actions amounted to forceful acquisition without compensation, the respondent prayed for judgment for;

i. Mesne profits in the sum of Ksh 200,000/= per month with effect from 1st June, 2013 till the applicant vacates.

ii. An …

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