In re Estate of Thomas Kipkosgei Yator & another (Deceased) [2016] KEELC 988 (KLR)
- Court
- Environment & Land Court
- Case number
- 988
- Citation
- [2016] KEELC 988 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLand DisputePosturePetition for Declaratory OrderCoramB. N.Olao, Emukule, J. Mohammed, Judge Angote, Lenaola, Mumbi Ngugi, Munyao, Mutungi, Nyamu, Obaga, Onguto, Otieno-Odek, Simpson
Holding
The court finds that the respondents violated the petitioners' right to property and orders compensation.
Facts
The petitioners seek a declaratory order that the proprietary interest in 546 and 604 acres of land, comprising Land Parcel I/R No. 17542, - L.R No. 10492, vests in them as co-owners. The land was allegedly acquired by the respondents without due process.
Issues
- Whether the respondents violated the petitioners' right to property
- Whether the petitioners should be compensated
Reasoning
The court determined that the respondents acquired the land without following due process, thus violating the petitioners' right to property.
Outcome
The court ordered compensation for the petitioners.
Orders
- Order for compensation
Remedies
- Declaratory Order
Authorities cited
Legislation (2)
- Article 40 of the New Constitution of Kenya
- Article 67(2)(e) of the Constitution of Kenya
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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