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PERMANENT SECRETARY MINISTRY OF ROADS & ANOTHER
V.
FLEUR INVESTMENTS LIMITED

(2016) JELR 95594 (CA)

Court of Appeal 19 May 2016 Kenya
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Case Details

Suit Number:Civil Appeal 114 of 2014
Judges:Festus Azangalala JA George Benedict Maina Kariuki JA Jamila Mohammed JA
Location:Nairobi
Other Citations:Permanent Secretary Ministry of Roads & another v. Fleur Investments Limited [2016] eKLR

JUDGMENT OF THE COURT

[1] By a plaint dated 29th 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 30th October, 2009, and thereafter, summons to enter appearance and the plaint were served upon the appellants. The 2nd appellant entered appearance and filed defence on 5th August, 2010. On 7th April, 2011, the respondents’ first application for leave to amend its plaint was allowed by consent. The amendment removed “Public Works” from the de…

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