Jeremiah Nkindu Barisa & 2 others v Khalifa Barhe & 4 others [2020] KEELC 3847 (KLR)
- Court
- Environment & Land Court
- Case number
- 3847
- Citation
- [2020] KEELC 3847 (KLR)
- Decided
- 30 January 2020
The suit is dismissed with no order as to costs as the Plaintiffs failed to demonstrate private proprietary interests on the suit property and the failure to implead the County Government of Tana River.
Facts
The Plaintiffs, members of the Hola Mission Community, claimed ownership of a 15 Ha land parcel in Chewani Location, commonly known as the Hola Mission Community Land. The Defendants, members of the Kalaule Community, encroached on the land and built structures on it. The National Land Commission recommended a distribution formula for the property, but the 1st Defendant unilaterally sub-divided and sold a portion of the land.
Issues
- Ownership of the land
- Validity of the sub-division and sale
Reasoning
The court found the Plaintiffs' claim premature and speculative due to the lack of private proprietary interests and the failure to implead the County Government of Tana River.
Outcome
Dismissed with no order as to costs
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