PERMANENT SECRETARY MINISTRY OF ROADS & ATTORNEY GENERAL V. FLEUR INVESTMENTS LIMITED

JUDGMENT OF THE COURT

[1] By a plaint dated 29^th October, 2009, and filed in the High Court at Nairobi, Fleur Investments Limited, the respondent in this appeal, impleaded the Permanent Secretary, Ministry of Roads and Public Works and the Attorney General, the appellants, for damages (general, special and exemplary), for malicious demolition of its developments on LR No. 25535/1 and LR No. 25535/2, (“the suit properties”). Among the developments undertaken by the respondent were commercial buildings which the respondent claimed were valued in the excess of Kshs. 2,000,000,000/=. The special damages were particularized.

[2] The plaint was filed on 30^th October, 2009, and thereafter, summons to enter appearance and the plaint were served upon the appellants. The 2^nd appellant entered appearance and filed defence on 5^th August, 2010. On 7^th April, 2011, the respondents’ first application for leave to amend its plaint was allowed by consent. The amendment removed “Public Works” from the de…