Case Digest

Why High Court Has Awarded Jimmy Wanjigis Father KSh 55 Million

High Court has awarded Jimmy Wajingi’s father and former cabinet minister Maina Wanjigi Ksh 55 million as compensation from Chinese company, China Gansu International Corporation for Economic Technical Corporation Company Limited, which trespassed his land in Kiambu.

Kitamaiyu Limited, a company associated with Maina Wanjigi which owns the land, told the High Court that the Chinese contractor entered into the piece of land and excavated murram soil without authority. This, Kitamaiyu says caused a lot of damage to the topography of the soil.

Justice Lucy Gacheru found that the Chinese company had failed to file a defence in the suit, despite having been served several times.

The matter proceeded by way of formal proof where the plaintiff called three witnesses and closed its case.

“There is no evidence to weigh as against the plaintiff’s evidence. However, the plaintiff is the one who has alleged and he had a duty to call sufficient evidence to prove his case on the required standard of balance of probabilities. Section 107 of the Evidence Act places such a duty on he who alleges must prove,” said Justice Gacheru.

Without any evidence to controvert the same, this court has no reason to doubt that the plaintiff has suffered damage as stipulated in the report. Consequently, the court finds and holds that the plaintiff is entitled to damages as stated in the valuation report,” said justice Gacheru.

The Chinese contractor was undertaking the upgrading of Ruiru-Githunguri-Uplands road to bitumen standards.

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