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Leakey Muthini Mulonzi & another v Principal Secretary, Ministry of Lands, Housing and Urban Development & 4 others [2020] KEELC 190 (KLR)

[2020] KEELC 190 (KLR) Environment & Land Court
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Court
Environment & Land Court
Case number
190
Citation
[2020] KEELC 190 (KLR)
Decided
22 December 2020
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeLand DisputePosturePetition to determine ownership of landCoramMBOGO C. G.
Holding

The Petition is dismissed with each party bearing their own costs due to the premature nature of the petition and the lack of evidence to determine ownership.

Facts

The Petitioners claim ownership of land parcel Makueni/Ikalyoni/2148 purchased by their father Dominic Mulonzi Ngovi from the late Edward Mulandi Kavanda in 1984. The land was used by the Petitioners' grandmother until 1998, when a dispute arose with Julius Kiio Mulandi, son of Edward Mulandi Kavanda.

Issues

  1. Ownership of the land parcel Makueni/Ikalyoni/2148
  2. Proper procedure for resolving the land dispute

Reasoning

The dispute cannot be decided in this petition as it requires viva voce evidence and cross-examination. Julius Kiio Mulandi has an interest in the land but was not enjoined in this petition.

Outcome

Petition dismissed

Orders

  • Each party bears their own costs
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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