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Okeyo & 7 others v County Government of Kisumu & another (Environment & Land Case 222 of 2017) [2023] KEELC 17134 (KLR) (4 May 2023) (Judgment)

[2023] KEELC 17134 (KLR) Environment & Land Court
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Court
Environment & Land Court
Case number
17134
Citation
[2023] KEELC 17134 (KLR)
Decided
4 May 2023
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeCompulsory Land AcquisitionPostureAppeal DismissedCoramE. ASATI
Holding

The plaintiffs have not proved their claim on a balance of probabilities, and the suit is dismissed.

Facts

The plaintiffs claim that the defendants have compulsorily acquired their land for a road construction, but the defendants have not provided evidence of such acquisition.

Issues

  1. Compulsory acquisition of land
  2. Burden of proof

Reasoning

The plaintiffs failed to provide credible and believable evidence to prove their claim of compulsory acquisition. The defendants did not adduce evidence.

Outcome

Dismissed

Orders

  • No order as to costs

Authorities cited

Legislation (2)
  • Evidence Act
  • Land Act
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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