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ATTORNEY GENERAL
V.
ZINJ LIMITED

(2021) JELR 113301 (SC)

Supreme Court 3 Dec 2021 Kenya
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Case Details

Suit Number:PETITION 1 OF 2020
Judges:MARTHA KOOME, CJ & P PHILOMENA MWILU, DCJ & VP MOHAMMED IBRAHIM, SCJ SMOKIN WANJALA, SCJ WILLIAM OUKO, SCJ

JUDGMENT

A. INTRODUCTION

[1] The Petition before this Court is dated 21st January, 2020 and lodged on 22nd January, 2020. It is brought pursuant to the provisions of Article 163(4) (a) of the Constitution, Sections 15(2) & 17 of the Supreme Court Act No. 7 of 2011 and Rule 33 of the Supreme Court Rules, 2012 (repealed). The appellant challenges the decision of the Court of Appeal (Visram, Karanja & Musinga, JJ.A) which partly allowed an appeal against the decision of the Environment and Land Court (Olola, J.) in Malindi E.L.C Petition No. 2 of 2010 on the award of damages.

B. BACKGROUND

(i) At the Environment and Land Court

[2] The respondent is the registered owner of L.R No 25528 (hereinafter referred to as “the suit property”) measuring 425.7 hectares situate in the Coastal Region pursuant to a Grant issued under the Registration of Titles Act, Cap 281 Laws of Kenya (now repealed). The respondent, being in occupation of the suit property, proceeded to carry out prawn farming, salt extra…

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