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Ngari Wanyaga, Jane Ngithi Kombo, Joyce Mutio Kombo, Joyce Mutio Mwange, Muli Munyasya, John Paul Njeru Kivara, Kyai Munyasiya, Stephen Njeru Kombo, Patrick Ngari, Joseph Njeru Kombo, Simon Kithu Nyaga, Nguku Kombo Munyiri & Jervasio Kinyua Ngari, v. Mutokaa Nthautho, Nathan Mureithi Maganjo as the Legal representative of the estate of Maganjo Kathutwa – Deceased, Danson Njiru Mubunjia, Stephen Njiru Karuga, Mungoli Ndii, Julius Ngirichi Mbogo, Duncan Kathumbi, Teresia Muthoni Makindu as the Legal Representative of the Estate of Samuel Makindu Njuki, Eunice Nyaguthi Karani, Mwaniki Munyi, Mugo Mwaniki, Jospeh Nduku Njuki as Legal Representative of the Estate of Pharis Njuki Kamotho – Deceased, Nyaki Magondu, Kithu Magondu, Stephen Njiru Munyi, Eston Kiura Kathangu & Jeremiah Mwani Gachibiri as the Legal representative of Duncan Gachibiri Matumo – Deceased

(2017) JELR 98456 (CA)

Court of Appeal  •  Civil Appeal 11 of 2014  •  22 Nov 2017  •  Kenya

Coram
Philip Nyamu Waki, Roselyn Naliaka Nambuye, Patrick Omwenga Kiage

Judgement

JUDGMENT OF THE COURT

1. The Mbandi clan and the Muruga clan of Embu are at loggerheads over land. The source of their dispute is alleged transgression by the District Land Adjudication Officer (LAO) in Mbeere and the District Land Registrar (DLR), Embu, who are said to have messed up the land registration process. The High Court in Embu, (Ongudi, J.) delivered a judgment on 19th December, 2012 hoping to resolve the dispute once and for all, but it is still with us.

2. The appellants are 13 members of the Muruga clan. Before us they were represented by learned counsel, Ms. Njiru, instructed by M/s Duncan Muyodi and Company Advocates. The 17 respondents are members of the Mbandi clan, but learned counsel Mr. Sospeter Opondo Aming'a instructed by the Firms of M/s Gichure Ribathi and Company and M/s Simiyu, Opondo, Kiranga and Company Advocates, appeared for respondents 1, 2, 6, 8, 10 and 17; while learned counsel Mr. Ombogi instructed by M/s Gori, Ombongi and Company Advocates appeared fo…

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