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Samuel Kaaria v. Chairman, Mwimbi Land DisputesTribunal & Evans Njiru Manyara

(2016) JELR 94509 (CA)

Court of Appeal  •  Civil Appeal 11 of 2015  •  21 Dec 2016  •  Kenya

Coram
Erastus Mwaniki Githinji, Wanjiru Karanja, Patrick Omwenga Kiage

Judgement

JUDGMENT OF THE COURT

Samuel Kaaria (hereinafter ‘the appellant’) comes before this Court aggrieved by the ruling of the High Court in Judicial Review Application No 22 of 2012 wherein the High Court declined to grant him the prerogative order of prohibition. The appellant was desirous of prohibiting the implementation of an award rendered by the Mwimbi Land Disputes Tribunal in Land Disputes Tribunal Case No 8 of 2007 which was read and adopted by the Principal Magistrate’s Court at Chuka on 11th March, 2009 vide Land Disputes Tribunal Award No 36 of 2008. The facts before the Land Disputes Tribunal were that Evans Njiru Manyara; the Plaintiff thereat, and the 2nd respondent herein (‘the 2nd respondent’) was desirous of having the appellant return the whole of that land known as Mwimbi / Chogoria / 177 (‘the suit land’) measuring three acres, which the latter party allegedly held in trust for him. For clarity, the appellant and the 2nd respondent are brothers. According to the 2nd res…

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