JOHN KASIMU KILATYA V. CHAIRMAN MACHAKOS LAND DISPUTE TRIBUNAL, ATTORNEY GENERAL & MAINGI WAMBUA

JUDGMENT OF THE COURT

[1] John Kasimu Kilatya, (appellant) filed suit by way of judicial review proceeding before the High Court Machakos challenging the decision by Machakos Land Disputes Tribunal in Case no 150 of 2002, which was read in court as an award of the Machakos Senior Resident Magistrate’s Court on 23^rd August, 2002 in Misc. Cvil Application No. 118 of 2002. In the said award, the land disputes tribunal ordered the Land Registrar, Machakos, to deregister parcel No Kalama/Kitini/420 (suit land) from the name of the appellant to Maingi Wambua and others (3^rd respondent).

[2] A brief background facts of the matter are that; sometime in 1982, the appellant entered into a sale agreement with one Kimeu Muli and Makau Nzioka (vendors) for sale of the suit land measuring 3.8 hectares at an agreed price of Ksh. 16,000/=. The appellant paid the full purchase price. On 9^th February, 1999 the appellant, together with the vendors, they applied and obtained the Land Control Boards’ consen…