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Stanley Thianie Mbui, John Kinai Mutombui v. Land Adujidication Officer Tigania West District,Simon Nchebere M'ikiugu

(2014) JELR 93174 (CA)

Court of Appeal  •  Civil Appeal 24 of 2013  •  26 Feb 2014  •  Kenya

Coram
Alnashir Ramazanali Magan Visram, Martha Karambu Koome, James Otieno Odek

Judgement

JUDGEMENT OF THE COURT

[1] This is an appeal from the ruling of the High Court (Njoroge, J.) wherein the appellants’ application where he sought for orders of certiorari to quash the decision of the District Land Adjudication Officer Tigania West of 2nd July 2010 in AR objection No 227 and 228 was dismissed with costs. Pursuant to leave granted by the High Court on 20th December, 2010, the appellants filed a Notice of Motion application seeking inter alia an order of certiorari to call and quash the decision of the 1st respondent pronounced on 2nd July, 2010 in AR objection No. 227 and 229 in respect of P/NO. 1779 and 3245 within Uringu II Adjudication Section (suit properties).

[2] Stanley Thiane Mbui, the 1st appellant is the owner of P/NO. 1779 and John Kinai Mutombui the 2nd appellant is the owner of P/NO. 3245. The suit properties are subdivisions of the original parcel P/NO. 1779 within Uringu II adjudication section. The appellants claim was that the original parcel was awarded t…

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