Samuel Muturi Muugu & 189 others v County Government of Kirinyaga & 4 others [2022] KEELC 1931 (KLR)
- Court
- Environment & Land Court
- Case number
- 1931
- Citation
- [2022] KEELC 1931 (KLR)
Summary at a glance
TypeConstitution PetitionPostureAppeal from the original trial outcomeCoramHON. E.C. CHERONO
The application for temporary injunction and inhibition orders is dismissed as the petitioners have not established a prima facie case with a probability of success at the main trial and have not demonstrated irreparable injury.
Facts
The petitioners claim that the respondents (County Government of Kirinyaga, Land Registrar, and National Land Commission) improperly registered land parcels without the prior occupation of the residents in 1995.
Issues
- Proprietary rights to land parcels
- Fraud in land registration
Reasoning
The court found that the petitioners have not proven fraud or irregularity in the land registration process and that the orders sought would be prejudicial if granted without the joined parties being heard.
Outcome
Appeal dismissed
Authorities cited
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