Customer Support

COAST WATER SERVICES BOARD
V.
JUMA ABDALLA VITU & 4 ORS

(2018) JELR 103132 (CA)

Court of Appeal 5 Jul 2018 Kenya
BriefBot icon

BriefBot Summary

Free

Get an AI-generated summary of this case.

Case Details

Suit Number:Civil Appeal 80 of 2017
Judges:Alnashir Ramazanali Magan Visram Martha Karambu Koome Wanjiru Karanja
Location:Mombasa
Other Citations:Coast Water Services Board v. Juma Abdalla Vitu & 4 others [2018] eKLR

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…

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 77,000 cases, recent judgments, statutes, and rules of court.