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ALBERT MUSSEIN KIBOI,PAUL CHESEBE KIBOI, LOISE SITATI KIBOI & BEN BOYID KIBOI V. HENRY WEPUKHULU SIMIYU & MUNANDA KIDAI

(2012) JELR 105578 (CA)

Court of Appeal  •  Civil Appeal 203 of 2007  •  19 Sep 2012  •  Kenya

Coram
Riaga Samuel Cornelius Omolo Erastus Mwaniki Githinji Hannah Magondi Okwengu

Judgement

JUDGMENT OF GITHINJI, JA.

This is an appeal against the Ruling delivered by the High Court (W. Karanja J. ) on the 18th July 2007 in HCCA No. 27 OF 2003 in Bungoma.

The background to the appeal is that the High Court dismissed the appellants\' appeal against the decision of the Nalondo Division Land Disputes Tribunal (hereinafter referred to as Tribunal), following a preliminary objection dated 23/9/03 raised by the respondents\' herein.

In this appeal the appellants\' raised the following grounds of appeal in the memorandum of appeal against the Ruling of the learned Judge :-

1. THAT the learned trial Judge erred in law when she failed to appreciate that indeed an appeal would lie to the High Court against the award from the Land Disputes Tribunal.

2. THAT the learned trial Judge erred in law when she dismissed the appellants\' appeal on a technicality.

3. THAT the learned trial Judge erred in law when she failed to appreciate that the appeal before the High Court arose out of an award tha…

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