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Peter Thuo Kamau & another v Lucy Wamaitha Kiarie & 5 others [2016] KEHC 8132 (KLR)

[2016] KEHC 8132 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
8132
Citation
[2016] KEHC 8132 (KLR)
Decided
7 October 2016
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeLand Rights by PrescriptionPostureAppeal from a lower court decisionCoramMARY M. GITUMBI
Holding

The Plaintiffs are directed to continue in occupation of the suit property pending the hearing and determination of the suit. The court orders the allocation of a date for a pre-trial conference to expedite the hearing.

Facts

The Plaintiffs are in occupation of the suit property and were in occupation at the time it was purchased by the 3rd, 4th, and 5th Defendants as trustees of P.C.E.A Thindigua Church.

Issues

  1. Continuation of Plaintiffs' occupation pending the hearing and determination of the suit
  2. Allocation of a date for pre-trial conference

Reasoning

The court considered the occupation of the Plaintiffs and the purchase of the property by the Defendants, and directed the Plaintiffs to continue in occupation. The court also ordered a pre-trial conference.

Outcome

The Plaintiffs' occupation of the suit property is continued pending the hearing and determination of the suit. A pre-trial conference is ordered.

Orders

  • Allocation of a date for a pre-trial conference

Authorities cited

Legislation (2)
  • Limitation of Actions Act, Cap.22 Laws of Kenya
  • Land Reference No. 76/364
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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