JOHN KARIRI MUCHEKE V. M'ITABARI M'ARUNGA

JUDGMENT OF THE COURT

This is an appeal from the judgment and decree of the superior court (Kasanga Mulwa J) dated 21^st November, 2002 dismissing an appeal from the judgment of the Senior Resident Magistrate, Maua, Meru in Civil Case No. 22 of 1997.

According to the adjudication record the appellant John Kariri Mucheke is the proprietor of the land parcel No. 280 comprising 3.15 acres situated in Kangeta Adjudication Section. Section 30 (1) of the Land Adjudication Act, bars any person, except with the consent in writing of the Land Adjudication Officer, from instituting a suit and divests the court of jurisdiction to entertain a suit concerning an interest in land in an adjudication section until the adjudication register has become complete in all respects under Section 29 (3) of the Act.

The respondent M’Itabara M’Arunga after allegedly obtaining a Consent of the Land Adjudication Officer, Nyambere District dated 23^rd January, 1997 filed S.R.M.C.C. No. 22 of 1997 at Maua on 13^th Febru…