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DR. IGNATIUS L. M. MUTURI V. THE DISTRICT LAND DISPUTES TRIBUNAL & 2 OTHERS

(2011) JELR 105258 (CA)

Court of Appeal  •  Constitutional Application 2 of 2011  •  27 May 2011  •  Kenya

Coram
Joseph Kiplagat Sergon

Judgement

JUDGMENT

Pursuant to Articles 22(1), 23(1), (3) (f) and 40 (1) of the Constitution, Dr. Ignatius L. M. Muturi, the Applicant herein, took out the Originating Notice of Motion dated 14th February 2011 in which he sought for the following orders against The District Land Disputes Tribunal, Kieni West Division, The Chief Magistrate’s Court, Nyeri and The District Land Registrar Nyeri, being the 1st, 2nd and 3rd Respondents respectively:

1. The applicant’s fundamental right to own property has been infringed by the District Land Disputes Tribunal Kieni West by ordering the District Land registrar, Nyeri to revoke and cancel his title to parcel of land number NYERI/ENDARASHA/1558 without giving him, an opportunity to be heard. 2. The Chief Magistrate, Nyeri in Award case number 23 of 2010 has now entered judgment in terms of the said award and yet the applicant has not been made a party in the suit, nor has he been notified. 3. The District Land registrar has by a letter dated 25th January 2…

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