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PETER TOMITO KORINKO & 2 ORS
V.
KORINKO N. NKOLIAI & 12 ORS

(2015) JELR 93666 (CA)

Court of Appeal 14 Oct 2015 Kenya
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Case Details

Suit Number:Civil Appeal 29 of 2014
Judges:David Kenani Maraga Daniel Kiio Musinga Agnes Kalekye Murgor
Location:Kisumu
Other Citations:Peter Tomito Korinko & 2 others v. Korinko N. Nkoliai & 12 others [2015] eKLR

JUDGMENT OF THE COURT

This is an appeal from an interlocutory order refusing to grant the appellants an injunction pending the hearing of the suit in the Environment and Land Court at Kisii. That suit has not even been fixed for hearing.

We are told the dispute relates to the ownership and distribution among members of Olomismis Group Ranch of a parcel of land measuring approximately 9,640 hectares. The number of people claiming a share of the land we are told is about 1700.

The claim in the plaint includes complainants that some members of the Group Ranch have not been given any portion of the land; some have been given more than they deserve; and even non-members have been given shares of the land. The defences deny all those claims which they term baseless.

The hearing and determination of this appeal will therefore not resolve the dispute at hand. In the circumstances, and after consultation with counsel for the parties and a few of their clients’ representatives in court, save for th…

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