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Moses Parantai & John Kamuye Ole Kiok v. Keekonyoike Community Trust & Cabinet Secretary Ministry Of Lands Housing and Urban Development

(2020) JELR 98897 (CA)

Court of Appeal  •  Civil Appeal 297 of 2016  •  7 Aug 2020  •  Kenya

Coram
Roselyn Naliaka Nambuye, Agnes Kalekye Murgor, Stephen Gatembu Kairu

Judgement

JUDGMENT OF THE COURT

This is an appeal from the ruling of the Environment and Land Court of Kenya at Nairobi, Milimani Law Courts, (L. Gacheru, J.) dated 14th October 2016.

The background to the appeal is that the 1st respondent, a community Trust duly registered under the Laws of Kenya filed a suit in the Environment and Land Court (ELC) Milimani Law Courts Civil Suit No. 683 of 2014 (the suit) through its Trustees contending inter alia that: the appellants who were previous Chairman and Vice Chairman of Keekonyokie Community Trust Board of Trustees (the 1st respondent), were ousted from office in a meeting held on 24th October 2013 for among other reasons, issues of mistrust and mismanagement. New officials were elected and registered as the new Board of Trustees of the 1st respondent pursuant to which change the 1st respondent was issued with a certificate of Change of Trustees by the Ministry of Lands. Appellants failed and or refused to surrender all the requisite documents partic…

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