Birongo Farmers Co-operative Society Ltd v Abel Moranga Ongwacho & 4 others [2016] KEELC 40 (KLR)
- Court
- Environment & Land Court
- Case number
- 40
- Citation
- [2016] KEELC 40 (KLR)
- Decided
- 16 December 2016
The court finds the preliminary objections of the defendants to be without merit and does not make an order for costs. The court orders that the parties maintain the status quo regarding the suit property until the suit is heard and determined.
Facts
The plaintiff, Birongo Farmers Co-operative Society Ltd, alleged that its land parcel LR No. Central Kitutu/Daraja Mbili/66 was fraudulently transferred to the 1st defendant, Abel Moranga Ongwacho. The plaintiff sought a declaration of ownership, reversion and cancellation of the land title, and an injunction.
Issues
- Whether the plaintiff's claim is within the jurisdiction of the Co-operative Tribunal
- Whether the plaintiff's allegations of fraud are sufficient to justify an injunction
Reasoning
The court rules that the case is not within the jurisdiction of the Co-operative Tribunal due to the challenge of title involving fraud and misrepresentation. The court orders the parties to maintain the status quo until the suit is heard.
Outcome
The appeal is dismissed, and the case is remanded for further proceedings.
Orders
- The parties maintain the status quo regarding the suit property until the suit is heard and determined.
Remedies
- Declaration of ownership
- Reversion and cancellation of land title
- Permanent injunction
Authorities cited
Legislation (2)
- Cooperative Societies Act, Cap 490
- Environment and Land Court Act, 2011
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