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Omwenga (Sued on his own behalf as Chairman of Amani Self Help Group & 12 others v Kamanja & another (Civil Appeal E892 of 2023) [2024] KECA 1953 (KLR) (20 December 2024) (Judgment)

[2024] KECA 1953 (KLR) Court of Appeal
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Court
Court of Appeal
Case number
1953
Citation
[2024] KECA 1953 (KLR)
Decided
20 December 2024
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from a Judgment of the Environment and Land CourtCoramASIKE-MAKHANDIA, AK MURGOR, S OLE KANTAI
Holding

The appeal is dismissed with costs to the respondents

Facts

The appellants sued the respondents for trespassing on a parcel of land that was allocated to the respondents after they followed all lawful steps in acquiring the land. The appellants were found to be trespassers who entered the land forcefully during the post-election violence of 2007/2008.

Issues

  1. Whether the appellants had a legitimate claim to the suit land
  2. Whether the trial court erred in granting witness summons to government officers

Reasoning

The respondents proved that the land was properly allocated to them and that the appellants were trespassers who entered the land forcefully during the post-election violence.

Outcome

Appeal dismissed

Orders

  • Witness summons to government officers granted but not availed by appellants
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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