Stephen Koech & 4 others v Isaiah Yego [2000] KEHC 543 (KLR)
- Court
- High Court of Kenya
- Case number
- 543
- Citation
- [2000] KEHC 543 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureAppeal from the original trial outcomeCoramR. NAMBUYE
Holding
The preliminary objection is upheld. The application together with the entire originating summons be and are hereby struck out with costs to the defendant/objector.
Facts
The plaintiffs sought to determine whether the African Inland Church of Kenya Trustees (registered) was entitled to amalgamate Nandi/Kamoiywo/308 and Nandi/Kamoiywo/317 to form Nandi Kamoiywo/2076, and whether such amalgamation was fraudulent.
Issues
- Whether the African Inland Church of Kenya Trustees (registered) was entitled to amalgamate Nandi/Kamoiywo/308 and Nandi/Kamoiywo/317 to form Nandi Kamoiywo/2076.
- Whether such amalgamation and consequent registration in favour of the Trustees at the detriment of Saniak Primary School was fraudulent.
Reasoning
The plaintiffs have no private right to protect and the defendants have the right to consolidate the two parcels of land. The plaintiffs have not shown they have been denied the right to take their children to the original school or the intended school.
Outcome
Appeal upheld, application struck out
Orders
- The application together with the entire originating summons be and are hereby struck out with costs to the defendant/objector.
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.
Loading judgment…