Muathe Mulwa & 21 Others v David Munyae & 10 Others; Joseph M. Ndaka & 260 Others(Interested Parties) [2020] KEELC 3049 (KLR)
- Court
- Environment & Land Court
- Case number
- 3049
- Citation
- [2020] KEELC 3049 (KLR)
- Decided
- 24 April 2020
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLand DisputePostureApplication for InjunctionCoramO.A. ANGOTE
Holding
The Plaintiffs have established a prima facie case and the Application for injunction is allowed.
Facts
Kakuzi Limited transferred land parcel L.R. No. 1849 to 32 members in 1978, with each member holding an equal share of 80 acres. In 2008, a surveyor's report purported to give different acreage to different members, leading to disputes.
Issues
- Validity of the 2008 survey report
- Distribution of the land among the 32 members
Reasoning
The Plaintiffs have shown that the 2008 survey report is inconsistent with the original agreement and that the land should be distributed equally among the members.
Outcome
Application for injunction allowed
Orders
- Temporary injunction restraining the Respondents from surveying, demarcating, alienating, selling or disposing of the land pending the hearing and determination of the suit.
- Mandatory injunction directing the Respondents to excise any portion of land in excess of 80 acres for distribution among the Applicants.
Remedies
- Fair distribution of the land among the 32 members
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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