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Moses Abuto & 13 others v Muka Mukuu Farmers Co-operative Society Ltd [2017] KEELC 2399 (KLR)

[2017] KEELC 2399 (KLR) Environment & Land Court
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Court
Environment & Land Court
Case number
2399
Citation
[2017] KEELC 2399 (KLR)
Decided
16 June 2017
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeInjunctionPostureAppeal from an original trialCoramO.A. ANGOTE
Holding

The Plaintiffs are entitled to occupy, reside, and utilize the portions of land they claim to have bought from the Defendant or its members in L.R. No. 10967 pending the hearing and determination of the suit.

Facts

The Plaintiffs claim to have purchased plots from the Defendant, a cooperative society, but the Defendant denies this. The Plaintiffs allege that the Defendant intends to evict them from the land.

Issues

  1. Whether the Plaintiffs are entitled to the plots they claim to have purchased
  2. Whether an injunction should be granted to prevent the Defendant from evicting the Plaintiffs

Reasoning

The court finds that the Plaintiffs have not conclusively proven their ownership of the land, but grants them the right to occupy the land in question.

Outcome

Affirmed

Orders

  • The Plaintiffs to occupy, reside and utilize the portions of land they purport to have bought from the Defendant or its members in L.R. No. 10967 pending the hearing and determination of the suit.
  • The Plaintiffs should not put up any new structures, or complete any incomplete structures on the suit land pending the hearing and determination of the suit.

Remedies

  • Maintenance of the prevailing status quo
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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