Sombo & 4 others (Suing on behalf of 15,000 individuals of the Amwezi and Mirima Clans of the Duruma Community) v Nyari Investment (1998) Ltd & 5 others (Civil Appeal 23 of 2018) [2023] KECA 438 (KLR) (14 April 2023) (Judgment) (with dissent - SG Kairu, JA)
- Court
- Court of Appeal
- Case number
- 438
- Citation
- [2023] KECA 438 (KLR)
- Decided
- 14 April 2023
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from the Judgment of the Environment and Land Court at Mombasa (S. Mukunya J.) dated 24th October 2014 in Environment and Land Court Case No. 227 of 2012CoramSG Kairu, JW Lessit, M.K. Koome, Mohammed, Mukunya, Nyamweya, S.
Holding
The High Court's judgment in favor of the appellants is upheld, and the appellants are granted full proprietary rights over the land.
Facts
The appellants, representing approximately 15,000 individuals of the Amwezi and Mirima clans of the Duruma Community, filed a suit at the High Court at Mombasa, later transferred to the Environment and Land Court at Mombasa, claiming that the land comprised in LR Number 12502 situated at Taru had been set apart and allocated in violation of the Trust Land Act.
Issues
- The validity of the initial attempt to set apart the suit property under Section 117 of the retired Constitution
- The appellants' claim that the land was set apart for agricultural development and leased to a private company
Reasoning
The court held that the appellants are ordinarily resident on the suit premises and are entitled to exclusive use, possession, and occupation of the land under African customary law.
Outcome
Appeal dismissed
Orders
- The appellants are granted full proprietary rights over the land
Authorities cited
Legislation (1)
- Trust Land Act (Cap. 288)
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.
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