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Yustina Korokoro & 3 others (all suing on behalf of themselves and the other members of Barani Community Self Help Group) v Eliud Timothy Mwamunga & 16 others [2019] KEELC 1177 (KLR)

[2019] KEELC 1177 (KLR) Environment & Land Court
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Court
Environment & Land Court
Case number
1177
Citation
[2019] KEELC 1177 (KLR)
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeAdverse PossessionPostureApplication for Injunction DismissedCoramMUNYAO SILA
Holding

The application for injunction is dismissed, and the status quo is maintained until the suit is heard and finalized.

Facts

The plaintiffs claim adverse possession over several land parcels, while the defendants oppose the claim, alleging the plaintiffs are demolishing a wall on their land.

Issues

  1. Whether the plaintiffs are demolishing a wall on the defendants' land
  2. Whether the plaintiffs have evidence of any demolition

Reasoning

The court finds no evidence of any demolition and notes that the plaintiffs' title to the land is subject to the respondents' claim of adverse possession. The court cannot issue an injunction until the suit is heard and determined.

Outcome

Application dismissed

Orders

  • Status quo maintained until the suit is heard and finalized
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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