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REPUBLIC v. DISTRICT LAND ADJUDICATION OFFICER, TRANS-MARA DISTRICT) SAMSON KISERIAN KILERAI

(2012) JELR 95289 (CA)

Court of Appeal  •  Civil Appeal 159 of 2006  •  28 Nov 2012  •  Kenya

Coram
J.W.ONYANGO OTIENO, ALNASHIR VISRAM & R.N. NAMBUYE

Judgement

JUDGMENT OF THE COURT

On the 13th May, 2003 Samson Kilerai raised a complaint in writing with the land adjudication officer Kilgoris to the effect that whereas he had been rightfully and legally found to be the rightful and legal owner of plot No 298 Ololchani, Adjudication Section, Transmara District through the adjudication process, it had come to his knowledge that the said plot number 298 had been subdivided into two equal portions and in the process creating parcel number 869 in the name of Wilson Talengo Lemunge; that he was not aware of any proceedings in which he had had a case with the said Wilson Talengo Lemunge which could have led to the subdivision of his land. Upon receipt of the afore mentioned complaint from Mr. Samson Kilerai, the District Land Adjudication officer Transmara District one J.N. Nziboh wrote a letter to Wilson Talengo Lemunge ref. No.CA/TM/15/VOL.X1/256 bringing to his knowledge the content of the complaint raised by Samson Kilerai and at the same time re…

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