Samuru Gituto Farmers Co-operative Society Limited v Chief Land Registrar & 10 others (Environment & Land Case 52B of 2023) [2025] KEELC 3253 (KLR) (2 April 2025) (Ruling)

Summary at a glance

Facts

Samuru Gituto Farmers Co-operative Society Limited filed a suit against various respondents alleging fraud in the acquisition of land and seeking to prevent the respondents from developing and disposing of the land.

Issues

• Whether the preliminary objection should be sustained
• Whether the application is merited

Reasoning

The court found that the suit was not time-barred and that the applicant could not rely on the doctrine of lis pendens. The court also determined that the loss can be compensated by an award of damages.

Outcome

The application is dismissed.

Orders

• Status quo maintained with regard to the suit property pending the hearing and determination of the suit.
• The costs of the application shall be in the cause.

Remedies

• Award of damages to compensate for the loss incurred by the applicant.

Authorities cited