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Joseph Maren, David Leboo , Ben Sinei & Peter Tenget and Ololulunga Division Land Disputes Tribunal, Principal Magistrate, Law Courts Narok, District Registrar, Narok , District Surveyor, Narok & Mbokishi Group Ranch

(2017) JELR 100657 (CA)

Court of Appeal  •  Civil Appeal 179 of 2014  •  27 Sep 2017  •  Kenya

Coram
George Benedict Maina Kariuki, Sankale ole Kantai, Fatuma sichale

Judgement

JUDGMENT OF THE COURT

The appellants namely: - Joseph Maren (hereinafter ‘the 1st appellant’), David Leboo (hereinafter ‘the 2nd appellant’), Ben Sinei (hereinafter ‘the 3rd appellant’) and Peter Tenget (hereinafter ‘the 4th appellant’) filed a constitutional petition dated 4th May, 2011 and sought the following orders:-

“1. A declaration that the Petitioners fundamental right to own property and to protection from deprivation of property has been and/or is likely to be infringed by the Respondents.

2. A declaration that the 1st and 2nd Respondent’s decisions/orders are illegal, unconstitutional and in breach of the Petitioners rights and interests over their individual parcels which they hold separate Title Deeds.

3. A declaration that the 1st and 2nd respondents proceedings and all consequential orders arising from Tribunal Case No. 14 of 2006 and Narok Principal Magistrates Court Misc. Land Case No. 17 of 2006 are null and void.

4. A permanent injunction restraining the 3rd and 4th Resp…

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