The appellate court has given a reprieve to the residents of Green Park Estate in Athiriver after making a declaration that their homes are not built on riparian land.
A three-judge bench comprising of Justice Kahthurima M’Inoti, Hellen Omondi, and Imaana Laibuta found and held that Superior Homes estate had followed all the procedures before constructing the estate.
“Accordingly, we are satisfied that the ELC did not err in finding that the units were not on riparian land and that the enforcement order was unlawful, null and void,” ruled the judges
The court further declined to award the developer Sh466 million as compensation.
“In the absence of pleaded special damages in the petition, the appellant was not entitled to an award of special damages. We would accordingly affirm the decision of the ELC on this further ground,” reads the judgment.
In the case Superior Homes (Kenya) PLC, through lawyer Phillip Nyachoti wanted compensation of the sum of 466,955,673 shillings as special damages for loss of business and reputation, and interest as a result of the WARMA enforcement order.
Nyachoti submitted that the enforcement order for the demolition of the units occasioned the appellant a public relations disaster and financial loss for which the appellant was entitled to compensation.
However, Water Resource Authority objected saying that ELC properly declined to award special damages because the loss and damage allegedly suffered by the appellant was occasioned by flooding.
