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KEDUIWO A. MARISIN KIPTONUI A. MARISIN BASISA A. SITIENEI TARITIET A. CHERUIYOT LEDAMA OLE KIPKETER LESHAN OLE KIPKETER CHEMOSUSU A. LEMBECHWA ,MAINA OLE KEIWA V. SAMUEL KIPSIGE ARAP SOI (SUING ON BEHALF OF KILANDA VILLAGE GROUP)

(1997) JELR 104675 (CA)

Court of Appeal  •  Civil Appeal 140 of 1996  •  17 Oct 1997  •  Kenya

Coram
Johnson Evan Gicheru JA Amrittal Bhagwanji Shah JA Samuel Elikana Ondari Bosire JA

Judgement
<p class="ql-align-center">JUDGMENT OF THE COURT</p><p class="ql-align-justify">Principally, the appellants’ appeal turns on whether or not the learned trial judge, Tanui, J., could order the cancellation of a first registration under section 143(1) of the Registered Land Act, Chapter 300 of the Laws of Kenya, hereinafter called the Act. At the conclusion of his judgment dated and delivered on 6<sup>th</sup> May, 1993, the learned trial judge had this to say:</p><p class="ql-align-justify">“In the present case the Vice-Chairman of the Land Adjudication Committee did not allow the rights and interests of people residing on the disputed parcel of land to be ascertained before registration but he went ahead and allocated it himself to his relative. In the circumstances I find that the Legislature did not anticipate such acts when it passed the Act. The provisions of section 143(1) ought to be strictly limited. Having considered all the facts and the circumstances of this case I declare and hold that the eight defendants hold the titles to the eight parcels of land quoted above in trust f…</p>

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