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Ng'ati Farmers Co-operative Society Ltd v. Councillor John Ledidi & 15 Others

(2009) JELR 98458 (CA)

Court of Appeal  •  Civil Appeal 64 of 2004  •  23 Jul 2009  •  Kenya

Philip Kiptoo Tunoi, John walter Onyango Otieno, Erastus Mwaniki Githinji



This appeal concerns three large pieces of land known as Land Reference Numbers NAROK/MAIELLA ESTATE Nos. 2662, 1380 and 8398/2 situate South West of Naivasha Town in Nakuru District containing by measurement 16338 acres or thereabouts, hereinafter referred to as “the suit land,” and is brought by the plaintiff, now the appellant, from the judgment of the High Court of Kenya at Nakuru (Rimita, J) given on 12th May 2000 whereby the learned Judge dismissed the appellant’s suit and allowed the defendants’, now the respondents’ counter-claim and declared, inter alia, that the respondents have acquired title to the 2581 acres being a portion of L.R. No. Narok/Maiella Estate No. 2662 and 1626 acres being a portion of Narok/Maiella Estate No. 1380 by reason of having been in adverse possession thereof. The learned Judge also ordered that a permanent injunction be issued to restrain the appellant from evicting the respondents from those portions of the suit land, and; a f…

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