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Justus Kiniu Muindi, Mwendwa Muindi, Janet Martha Sava, Grace Temea Kaluyu & Jedidah Ndungi Ngoma v. Senior Resident Magistrate - Kitui, Kitui District Land Disputes Tribunal & Sammy Mwova Muindi

(2017) JELR 100410 (CA)

Court of Appeal  •  Civil Appeal 204 of 2014  •  12 May 2017  •  Kenya

Coram
Philip Nyamu Waki, Roselyn Naliaka Nambuye, Hannah Magondi Okwengu

Judgement

JUDGMENT OF THE COURT

The Appellants Justus Kiniu Muindi (Justus); Richard Mwendwa Muindi(Richard); John Kalya Muindi (John); Janet Martha Sava(Janet); Grace Temea Kaluyu (Grace) and Jedidah Ndungi Ng oma (Jedidah) sought leave of court to apply for an order of certiorari to remove to the High court and quash the 2nd respondent’s award, and an order of prohibition against the same court, prohibiting it from enforcing and executing the said order against the appellants or in any other way proceeding further with land case number 1 of 2007.

Leave was granted on the 18th day of April, 2007 by Emukule J (as he was then). The Notice of Motion was dated, the 7th day of May, 2007 and filed on the 8th May 2007. The motion was based on the grounds in its body, a statement of facts; a verifying affidavit together with annextures thereto. It was opposed by a replying affidavit of the 3rd respondent deposed on the 23rd day of May, 2007 and filed on the 24th May, 2007 and a supporting affidavit of P…

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