GILBERT MARUA NJAGI V. JANE MUTHONI NJAGI

JUDGMENT OF THE COURT

Before us is an appeal from the ruling of the High Court (Sergon, J.) dated 15^th July, 2011 wherein the court declined to grant the appellant leave to appeal out of time against the decision of the Provincial Land Disputes Appeals Committee (the Appeals Committee).

The genesis of this appeal is a dispute between the parties over a parcel of land described as L.R No. Mugunda/Nairutia/Block 1/385 (suit property). The suit property belonged to the parties’ father one Njagi Marua. After the death of their father, the respondent discovered that the appellant had fraudulently transferred the suit property to himself. She filed a claim in the Mweiga Land Disputes Tribunal (tribunal) claim no. 8 of 2001 seeking a portion of the suit land. The tribunal in its award dated 27^th June, 2001 ordered the suit property to be subdivided equally between the appellant and the respondent. The award by the tribunal was subsequently adopted as an order of the Chief Magistrate’s Court at…