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Mwangi Muraguri v. Kamara Rukenya

(1983) JELR 98729 (CA)

Court of Appeal  •  Civil Appeal 10 of 1983  •  2 Dec 1983  •  Kenya

Coram
Zakayo Richard Chesoni, Harold Grant Platt, Alan Robin Winston Hancox

Judgement

IN THE COURT OF APPEAL

AT NAIROBI

(CORAM: HANCOX JA, CHESONI and PLATT Ag JJA)

CIVIL APPEAL NO. 10 OF 1983

MWANGI MURAGURI....................................... APPELLANT

VERSUS

KAMARA RUKENYA.................................... RESPONDENT

JUDGMENT

The issue for the magistrate to determine in this case was whether the appellant had encroached over the red boundary, as indicated on the plan exhibited before him, which was that determined by the Land Registrar after his visit to the area on May 30, 1977 and as confirmed in his letter to

the parties dated July 12, 1977. In doing so he acted under section 21(2) of the Registered Land Act, cap 300. It was only if that process had not taken place that the trial court would have been precluded from entertaining the action by virtue of subsection (4) of that section. Otherwise it had jurisdiction to hear and determine the case under section 159 of the Act, as the section was at that time.

The magistrate did not, however, have jurisdiction to change th…

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