A local farmer in Kiambu County is set to get a Ksh20 million award after the High Court upheld a ruling which denied an appeal from a real estate company.
A report by Business Daily indicated that the company had sought an appeal to revoke the award issued by arbitrator Justus Muthithya in February 2020 for rupturing the farmer's water pipes during the construction of a golf estate. They challenged the arbitration on grounds that it was not justified.
"This Honourable Court is pleased to set aside the whole of the Arbitral Award published by the Honourable Arbitrator Justus M. Muthithya awarding the Respondent among others, the sum of Ksh.20,980,000.00/- being the loss of income," read part of the order.
The saga dates back to 2012 when the real estate company began construction of a golf estate and a controlled housing park.
The parcel of land was neighbouring Ngurunga farm owned by Mwangi. Both parties shared a common boundary and they decided to enter into an agreement in which the farmer allowed the real estate company legal access over his land.
Later, a deed of easement was registered against the real estate's title at the land registry on July 17, 2012.
Soon after, a dispute arose between the two parties as Mwangi faulted the company for destroying his property and damaging his water pipes which caused him a substantial loss. He noted that many coffee bushes were destroyed as a result of the construction of the road.
Mwangi took to court over his grievances and noted that the contractor had ruptured his water pipes leading to widespread water spillage. In its defense, the housing estate acknowledged the damage caused by the construction works but added that the emergency work was done on-site by the contractor who stopped the water leakage within half an hour.
Mwangi, however, argued that the spilled pipes had hindered him from irrigating his coffee for a period of four years. The court, after reviewing both claims, ruled in favor of Mwangi.
Recently, a Nairobi contractor was also ordered to pay Ksh3 billion to a businessman after they fell out over prime property along Riverside Drive.
Both the contractor and the businessman fell out over a decade ago, after the construction of the said property. The court heard that the contract was awarded to Cape Holdings, but the contractor is alleged to have refused to handover the property after construction was complete.
