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James Gakono Ngungi v. Jane Njoki Ngugi & another

(2010) JELR 105449 (CA)

Court of Appeal  •  Civil Appeal 153 of 2005  •  19 Nov 2010  •  Kenya

Moijo Matayia Ole Keiwua, Alnashir Ramazanali Magan Visram, Philip Nyamu Waki



On the 7th June, 2001, the superior court, (Omwitsa, Commissioner of Assize) sitting in Embu made the following order in Civil Appeal No. 25 of 1999: “Appeal rejected”.That terse order provoked the appeal before us as it was a summary rejection of an intended appeal which was laid before the said Commissioner of Assize from the Provincial Appeals Committee at Nyeri, No. 135/99. The Appeals tribunal had dismissed an appeal from the decision of Gichugu Land Disputes Tribunal awarding a portion of two acres to the 1st respondent here from land parcel No. Baragwi/Kariru/128 which was registered in the name of the appellant.

The land dispute commenced before Gichugu Land Disputes Tribunal on 3rd February, 1999 when the respondents herein filed a complaint against the applicant claiming that he held land parcel Baragwi/Kariru/128 in trust for them. They wanted the Trust ended and their rightful share of the land given to them. The Tribunal agreed with them and gave 2 Acres…

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