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Njiru Kithua v. Minister of Lands & 6 others

(2011) JELR 94236 (CA)

Court of Appeal  •  Civil Application 310 of 2010  •  8 Jul 2011  •  Kenya

Samuel Elikana Ondari Bosire, Alnashir Ramazanali Magan Visram, John walter Onyango Otieno



The genesis of the whole saga that has ended up in this notice of motion before us dated 30th December 2010 and filed on 31st December 2010 is the declaration of Kirima as an adjudication area on 21st July 1972 by the Embu/Kirinyaga Land Adjudication Officer at the instance of the Minister for Lands. Before that land adjudication was originally carried out, the applicant in this notice of motion Njiru Kithua, states in his affidavit in the record that a portion of land measuring 7000 acres had been set aside for 17 clans and leased out to Meka Sisal Development Company which in any event used only 300 acres for cultivation of sisal and left the rest in the hands of the clansmen. The entire piece of land was registered as land parcel No. Mbeere/Kirima/2244. The applicant alleges that that piece for land (the subject piece of land) was thus held in trust for the indigenous residents making up the seventeen clans by Embu County Council, the second respondent in this no…

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