Compulsory acquisition of land - town planning - private property - a

house affected by town planning scheme - the Crown, as successor in title

to the land, giving the plaintiff a notice to demolish - whether the Crown

was liable to compensate the plaintiff - Town Planning Ordinance, 1919

section 13.

Compulsory acquisition of land- compensation - property injuriously

affected by acquisition scheme - Town Planning Ordinance (cap 85) section

13.

The plaintiff was the owner of a house situated on the island of Mombasa

as a monthly tenant subject to a month’s notice. A town planning scheme

had been prepared for Mombasa under whose provisions the land on which

the plaintiff’s house was built was included for road construction.

He was given notice to demolish his house and to remove the debris within

six months. Consequently, he made a claim of compensation to the

Mombasa Town Planning Authority. He therefore brought an action by

way of case stated for determination by the court.

Held:

1. The plaintiff was entitled according to the Mohammedan custom to

one month’s notice to quit.

2. The Crown as successors in ownership to the land, having given the

plaintiff six months notice, was not liable to pay him any compensation.

Cases

1. Manchester, Sheffield and Linconshire Railway v Anderson (1898) 2Ch

394

2. Syers v Metropolitan Board of Works (1877) 36 LT 277

Statutes

1. Civil Procedure Rules 1927 order XXII rule 1

2. Town Planning Ordinance section 18

Nathookhan v Chairman Mombasa Town Planning Authority

(Judges)

3. Town Planning Amendment Ordinance No 14 of 1927

Advocates

Mr Morrison for the Plaintiff.

Mr Atkinson for the Defendant.