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Karl Wehner Claasen v. Commissioner of Lands, Registrar of Titles, Commissioner of Prisons, Attorney General & Kipanenge of Kalenjin Estates Limited

(2019) JELR 100226 (CA)

Court of Appeal  •  Civil Appeal 85 of 2016  •  9 May 2019  •  Kenya

Coram
Erastus Mwaniki Githinji, Hannah Magondi Okwengu, Jamila Mohammed

Judgement

JUDGMENT OF THE COURT

[1] This is an appeal from the Ruling of the Environment and Land Court (E. Obaga, J.) dismissing a Notice of Motion dated 23rd October, 2014 in which the appellant herein sought leave of the court to be substituted as a legal representative of the deceased petitioner in the Constitutional Petition No. 16 of 2013.

[2] The appellant is a son and legal representative of Nicolaas Henrick Claassen (Petitioner) who died on 26th May, 2014. On 9th October, 2014, a limited grant of letters of administration was issued to the appellant limited for the purposes only of substitution and prosecuting Constitutional Petition No. 16 of 2013.

[3] On 16th January, 2013, the deceased petitioner filed constitutional petition No. 1 of 2013 at the High Court at Eldoret. The petition was brought under Article 21, 22, 23, 27, 40 and 48 of the Constitution, 2010.

In a nutshell, the petitioner averred that in 1969 his four parcels of land in Kitale known as Kandy Farm were unlawfully taken a…

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