Daniel Mwangombe Shumaa & 3 others v Nyamawi Chimenga Njuga & 14 others [2015] KEHC 2545 (KLR)

Facts

The dispute over land plot number 438 Pingilikani Adjudication Section has been ongoing since 1979. The land was demarcated in favor of the petitioners in 1995, but the respondents objected and the land was subdivided. The dispute was escalated to the Arbitration Board, which ruled in favor of the respondents. The petitioners appealed to the Minister, but the appeal was not heard. The District Land Registrar issued title deeds to the petitioners and respondents in 2013.

Issues

1. Petitioners' ownership of land plot number 438 Pingilikani Adjudication Section
2. Conservatory orders to prevent interference with the petitioners' ownership and quiet possession of the land

Reasoning

The court is satisfied that the petitioners have a prima facie case with a likelihood of success and that conservatory orders should issue.

Outcome

Petition granted

Authorities cited