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Okoiti v Ministry of Lands and Physical Planning & 5 others (Petition 32 of 2019) [2022] KEELC 15511 (KLR) (24 November 2022) (Judgment)

[2022] KEELC 15511 (KLR) Environment & Land Court
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Court
Environment & Land Court
Case number
15511
Citation
[2022] KEELC 15511 (KLR)
Decided
24 November 2022
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypePetitionPosturePetitioner seeks to determine questions regarding public property and the validity of a transferCoramLC KOMINGOI
Holding

The petition is dismissed as there is no merit in it

Facts

The petitioner seeks to determine the status of a 2.0 hectares parcel land known as LR No 12661/2, and the validity of a transfer of LR No 12661/1 to private entities

Issues

  1. Whether LR No 12661/2 is public property
  2. Whether the transfer of LR No 12661/1 is null and void
  3. Whether the 1st and 2nd respondents should recover LR No 12661/2 and restore it to public ownership
  4. Whether the 3rd and 4th respondents are unfit to hold public office

Reasoning

The court finds that the dispute can only be determined by viva voce evidence due to the subdivision of the property into private names, and the court is unable to grant the prayers as sought

Outcome

Petition dismissed

Orders

  • Each party do bear 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.
Full judgment 0.2 MB · PDF

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