Maingi Mbinzu And 314 others v County Council Of Kitui & another [2021] KECA 1029 (KLR)
- Court
- Court of Appeal
- Case number
- 1029
- Citation
- [2021] KECA 1029 (KLR)
- Decided
- 29 January 2021
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil ApplicationPostureApplication for leave to appeal the decision of the Court of Appeal to the Supreme CourtCoramW. Ouko, R.N. Nambuye, M.K. Koome
Holding
The application does not meet the requisite threshold for the grant of leave or certificate to appeal to the Supreme Court and is accordingly dismissed with costs to the 2nd respondent.
Facts
315 applicants claimed proprietorship of a parcel of land in Kitui County, arguing that the County Council of Kitui had set it aside for Ukamba Agricultural Institute, which later collapsed. The land was then settled on by the applicants, leaving 500 acres to the institute. The County Council and South Eastern University College (2nd respondent) denied the applicants' claim.
Issues
- Ownership of the land
- Settlement of the land by the applicants
Reasoning
The applicants' claim was not supported by evidence and the land had not reverted to the County Council.
Outcome
Application dismissed
Orders
- Application for leave to appeal to the Supreme Court dismissed
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
Loading judgment…