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MARIA KANORIO M’TWAMWARI V IGOKI MUTETHIA FARMERS & TWO OTHERS [2008] KEHC 3571 (KLR)

[2008] KEHC 3571 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
3571
Citation
[2008] KEHC 3571 (KLR)
Decided
28 April 2008
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureApplication to restrain and demolish structuresCoramW. OUKO
Holding

The application fails and is dismissed with costs to M’Mugwika M’Itwamwari.

Facts

The deceased sold a plot of land to three others, but the 2nd defendant allegedly sold it to the 3rd defendant without her knowledge. The matter was referred to arbitration but was never heard. The 3rd defendant applied to restrain the three others from cultivating the land.

Issues

  1. Whether the application to restrain the three others from cultivating the land should be granted.
  2. Who is the legal representative of the deceased

Reasoning

The deceased died in April 1996, and Alex Romano M’Itwamwari was appointed her legal representative. M’Mugwika M’Itwamwari was appointed the deceased’s legal representative seven years later, but she denies ever applying for the position.

Outcome

Dismissed

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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