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Stephen Kibowen v. Chief Magistrate's Court Nakuru, Bahati Land Dispute Tribunal & Ruth Njoki Waweru

(2017) JELR 95078 (CA)

Court of Appeal  •  Civil Appeal 211 of 2013  •  18 Oct 2017  •  Kenya

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

Judgement

JUDGEMENT OF THE COURT

By this appeal the appellant challenges the decision of the High Court of Kenya (Ouko.J., as he then was) rendered on 25th November 2011 by which his application dated 5th January 2011 was found incompetent and dismissed with costs. The application had sought an order of certiorari to quash a decision of the Bahati Land Disputes Tribunal made on 16th April 2008 to the effect that the title deed issued to the appellant over Land Reference DUNDORI/MUGWATHI BLOCK 2/32 be cancelled and a fresh one be issued to Ruth Njoki Waweru, the 3rd respondent.

The learned Judge in a brief ruling held that the application was by dint of Section 9(3) of the Law Reform Act and Order 53 Rule 2 of the Civil Procedure Rules incompetent as it ought to have been brought within 6 months of the decision it sought to quash but was brought under some two and a half years.

In arriving at the conclusion, and in apparent reference to the appellant’s contention that the issue he raised was to the…

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