JASPER MALUKI KITAVI V. MINISTER FOR LANDS SETTLEMENT & PHYSICAL PLANNING & MWANIKI MUETI

JUDGMENT OF THE COURT

Background

1. This is a first appeal by DR. JASPER MALUKI KITAVI, the appellant herein against the ruling and order of the High Court, Lenaola, J., of 3^rd December, 2008. In that ruling, the appellant's application dated 8^th November, 2004 was dismissed.

2. A brief summary of this matter shows that the appellant claimed to be the owner of LAND PARCEL NO. 1771 Kyamboo Adjudication Section ("suit land"), which he claimed to have developed. A dispute arose as to ownership of the suit land and the matter was referred to the Land Adjudication Officer of the area who on 26^th August, 1987 awarded the suit land to MWANIKI MUETI the 2^nd respondent herein. Consequently, the appellant, on 21^st September, 1987 filed Minister's Appeal Case No. 36 of 2000 against the said decision before the 1^st respondent herein. When the said appeal was listed for hearing on 5^th March, 2004, the District Commissioner, Kitui, as the Ministers delegate, declined to hear the appeal on the ground t…