Bahola Mkalindi Rhigho & others v Michael Seth Kaseme & 4 others [2020] KEELC 2886 (KLR)
- Court
- Environment & Land Court
- Case number
- 2886
- Citation
- [2020] KEELC 2886 (KLR)
- Decided
- 6 May 2020
The Court interprets the Judgment and Ruling to specify that the 15 acres of land awarded to the Petitioners and Plaintiff are located within Hola Town, and that the conservatory order is not necessary as the Plaintiff and Petitioners do not intend to take possession of the entire Hola Town.
Facts
The Plaintiff and Petitioners claim 15 acres of land in Hola Town, which they allege was awarded to them in a previous judgment. The County Council of Tana River seeks a conservatory order to prevent the Petitioners and Plaintiff from evicting, demolishing, or interfering with public and private amenities on the land.
Issues
- interpretation of the 15 acres of land awarded to the Petitioners and Plaintiff
- specification of which part of Hola Town belongs to the Petitioners and the Plaintiff
Reasoning
The Court finds that the 15 acres of land awarded to the Petitioners and Plaintiff are within Hola Town and that the conservatory order is not required.
Outcome
The application for a conservatory order is dismissed.
Orders
- The application for a conservatory order is dismissed.
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