JUDGMENT
The appellant, Eaton Towers Kenya Limited is a company that specializes in the construction of telecommunication masts (masts) which are leased to network operators at a fee. In August of 2013, the appellant through its acquisition agent M/s Eackelberg & Company Limited (agent) earmarked LR No. Nakuru Municipality Block 11/96 (site property) as best suited for the construction of a mast. The agents engaged Daniel Kiplagat Kirui, the 2nd respondent, who is the proprietor, with a view to lease part of the site property for the said construction. This culminated in the signing of a letter of offer dated 6th September, 2013 between the appellant and the 2nd respondent.
To this end, the agent engaged Peman Consultants Limited, the 6th respondent, who applied for a development permission from the Nakuru County Government, the 5th respondent, and the extension of user. The 5th respondent approved the application and issued a notification of approval for the development permission date…