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Springfield Farmers Cooperative Society Ltd v Attorney General & another [2019] KEELC 124 (KLR)

[2019] KEELC 124 (KLR) Environment & Land Court
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Court
Environment & Land Court
Case number
124
Citation
[2019] KEELC 124 (KLR)
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeConstitutional PetitionPostureApplication for conservatory orders dismissedCoramN.A. MATHEKA
Holding

Petitioner has failed to establish a prima facie case and conservatory orders cannot be granted.

Facts

Springfield Farmers Cooperative Society Ltd claims to be the lawful allottee of land parcel Kakamega/Kongoni/327, allocated in 1969. The land is currently used for a Deputy County Commissioner's residence.

Issues

  1. Petitioner's ownership of the land
  2. Conservatory orders for interim protection

Reasoning

Court finds the current ownership of the suit land is in dispute and the petitioner is not the registered owner. The petitioner has not shown a genuine and arguable case.

Outcome

Application dismissed

Authorities cited

Legislation (2)
  • Constitution of Kenya, 2010
  • Protection of Rights and Fundamental Freedoms Practice and Procedure Rules, 2013
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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