Samwel Kipkirui Kones & 582 others v Johnstone Kipkoech Langat & 3 others [2019] KEELC 2364 (KLR)
- Court
- Environment & Land Court
- Case number
- 2364
- Citation
- [2019] KEELC 2364 (KLR)
- Decided
- 19 July 2019
Summary at a glance
TypeInterlocutory ApplicationPostureApplication dismissed with costsCoramMohammed Kullow
The application is not merited and thus dismissed with costs. The court orders that parties maintain status quo pending the hearing and determination of the suit.
Facts
The Plaintiffs/Applicants are residents of 8 villages in Sagamain Location Narok County and occupy land parcel No. NAROK/CIS MARA/ILMOTIOK/54, which measures approximately about 4,900 acres. The 1st Defendant obtained registration of the land fraudulently through an adjudication and demarcation process between 1974 to 1978.
Issues
- Whether the applicants have established a prima facie case with a probability of success
- Whether damages will not be adequate compensation
- In whose favour does the balance of convenience tilt
Reasoning
The court finds that the applicants have not demonstrated a prima facie case with probability of success and that the balance of convenience tilts in favor of the respondents. The court also notes that the applicants have not disclosed previous litigation regarding the subject land.
Outcome
Application dismissed with costs
Orders
- Maintain status quo pending the hearing and determination of the suit
⚠ This summary is experimental and generated by a language model, not a lawyer. It can contain errors, omissions, or misinterpretations and must not be relied on for legal decisions. The authoritative source is the full judgment. Please confirm every point against the original before use.
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