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Kimote Musau v. Makumi Muluva Muthwethau, Republic & The Chairman, Makueni District Land Disputes Tribunal

(2015) JELR 99819 (CA)

Court of Appeal  •  Civil Appeal 9 of 2005  •  26 Mar 2015  •  Kenya

Coram
Wanjiru Karanja, Philomena Mbete Mwilu, Kathurima M'inoti

Judgement

JUDGMENT OF THE COURT

The genesis of this appeal is the application of Kimote Musau (hereinafter referred to as the appellant) and Nyumbu Muindi who were the exparte applicants in the High Court Misc Application No. 112 of 2002. They filed an application seeking inter alia, an order of certiorari to remove into the court and quash the proceedings and decision of the Makueni District Land Disputes Tribunal in Tribunal Case No. 4 of 2001 that was adopted and read by the Resident Magistrate Court on the 19th February 2002. In the Tribunal proceedings, the appellant and his co-applicant had been sued by Makumi Muluva Mutwethau (the 1st respondent herein). The 1st respondent alleged that there was a dispute between himself and Nyumbu Muindi over a piece of land that he had sold him. In addition, the claimant alleged that the appellant herein had encroached onto his land. In its award, the Tribunal gave the claimant the portion of land which he had bought from Nyumbu Muindi, that is, parcels…

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