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Chege Macharia v. Francis Kimani Kirimira

(2015) JELR 103231 (CA)

Court of Appeal  •  Civil Appeal 20 of 2015  •  14 Oct 2015  •  Kenya

Coram
Philip Nyamu Waki, Roselyn Naliaka Nambuye, Patrick Omwenga Kiage

Judgement

JUDGMENT OF THE COURT

On 10th October 2013, Chege Macharia the appellant herein, filed a Notice of Motion before the Senior Principal Magistrate’s Court at Kigumo seeking an order that the award of the Kigumo Land Disputes Tribunal dated 3rd October 2008 be adopted as a judgment of that court. That application was said to be brought under “Order 51(1)” (sic!) of the Civil Procedure Rules and ‘all enabling provisions of the laws’. The grounds upon which the same was premised appeared on its face as;

Pursuant to the directions given, by the Honourable Chief Justice on 9th February 2012 all matters pending before the Land Disputes Tribunals as at the date of enactment of environment and Land Court Act 2011 should be moved to the nearest Resident Magistrate for hearing and determination.

The award contains the evidence adduced by the parties at the tribunal and the award herein was filed before the enactment of Environment and Land Court Act 2011.

The award should therefore be adopted as a ju…

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