A court has dismissed a case filed by the Salvation Army Church seeking damages amounting to Sh1 billion from three quarry miners on an accusation of intruding into its piece of land in Murang’a and causing environmental degradation.
Justice Grace Kemei ruled that the lease agreement between the church and the miners was scanty in its contents and therefore it was not clear what terms of the agreement were breached.
The judge said that the court cannot improve the terms of a contract which the parties have made for themselves, as she ruled that the church failed to proof its claims of breach of the agreement.
The church sued Mr George Gatecha, Mr Moses Ngaru Kinuthia and Mr Anthony Murage Njoroge for quarrying stones in the parcel measuring 130 acres.
Salvation Army Church sought compensation of Sh900 million for unauthorised utilisation of 128 acres of land as opposed to the two acres that the miners had been allowed to excavate stones, and a permanent injunction barring the defendants from the suit property.
While dismissing the case, Justice Kemei noted that the two parties had signed two agreements and none indicated terms of the acreage or size of the land under lease for the purpose of mining stones.
“I have seen another contract in respect to two acres which the plaintiff’s witness informed the court that it is a forgery. With this the plaintiff has not proved any breach of contract at all,” said the judge.
“None of the people disclosed to have signed the agreement were called to testify.”
The church also wanted the miners to pay special damages of Sh100,000 as costs incurred for surveying the suit land.
Further, Salvation Army Church wanted an order compelling the miners pay it Sh100 million as compensation for projected costs of the items required to rehabilitate the land due to the degradation caused by quarrying activities.
Despite service of court papers, the defendants failed to enter appearance in the case.
Credit: Source link