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Seroney & 5 others v County Government of Nandi (Environment & Land Case E017 of 2024) [2024] KEELC 6922 (KLR) (17 October 2024) (Ruling)

[2024] KEELC 6922 (KLR) Environment & Land Court
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Court
Environment & Land Court
Case number
6922
Citation
[2024] KEELC 6922 (KLR)
Decided
17 October 2024
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeLand DisputePostureInterlocutory Application for Interim OrderCoramMN MWANYALE
Holding

The court granted an interim order maintaining the status quo of the ground and on the register until delivery.

Facts

The plaintiffs are registered and/or beneficial owners of land plots in Kapsabet Municipality, which were allocated to them and later issued with leases. The defendant threatened to evict the plaintiffs for the construction of affordable housing units.

Issues

  1. Whether the plaintiffs have established a prima facie case and are entitled to protection of the law.
  2. Whether the balance of convenience tilts in favor of the plaintiffs for the grant of the orders sought.

Reasoning

The court found that the plaintiffs had established a prima facie case and the balance of convenience tilted in their favor, thus granting the application.

Outcome

Granted

Orders

  • Interim order maintaining the status quo of the ground and on the register until delivery.

Authorities cited

Legislation (1)
  • Physical and Land Use Planning Act 2019
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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