LAWRENCE KAIRU NYAMBURA V. SYMON KABUGI KINYURU

JUDGEMENT OF THE COURT

The genesis of the dispute that has snowballed into the present appeal was a matter that was decided before the Mweiga Land Disputes Tribunal as Tribunal case no 24 of 2001. The original owner of the Land Parcel No Nyeri /Watuku 739, Moses Kinyuru Gathogo filed a boundary dispute against his neighbour Lawrence Kairu Nyambura (appellant) the owner of Parcel Number Nyeri/ Watuku 738. Moses Kinyuru Gathogo subsequently passed away and was substituted by Symon Kabugi Kinyuru (respondent).

What is discernible from this record is that the two parcels of land fall within Watuku Settlement Scheme which was originally acquired by the Government through the Settlement Fund Trustee in 1963 for allocation and settlement of landless Kenyans. The undisputed facts show that demarcation and allocation of the land was done by the Soil Conservation Unit of the Ministry of Agriculture in 1964. Every allottee of the land was shown their plot boundaries by the Settlement Officer accor…