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Thomas Anzeze Musila v. Samson Musila Jalenga

(2015) JELR 95144 (CA)

Court of Appeal  •  Civil Appeal 6 of 2014  •  17 Dec 2015  •  Kenya

Coram
David Kenani Maraga, Daniel Kiio Musinga, Agnes Kalekye Murgor

Judgement

JUDGMENT OF THE COURT

In this appeal, the appellant seeks to set aside the judgment of the High Court which struck out the appellant’s appeal from the decision of Provincial Appeals Committee for the reason that it had been filed out of time.

The appeal to the High Court arose from a decision of the Western Provincial Appeals Committee, which confirmed the decision of the Sabatia Land Disputes Tribunal, which had ordered that L.R Kakamega/Viyalo/1 (the disputed property) be divided equally between the appellant and the respondent. The appellant was aggrieved by the decision of the Appeals Committee and appealed to the High Court.

The High Court observed that, there were various anomalies in the Land Tribunal’s decision including, lack of jurisdiction of the Tribunal to cancel titles and to subdivide land, and that the Tribunal was improperly constituted comprising of 6 members instead of 3 as prescribed by law. In addition to that finding, the High Court found that the appeal from the Ap…

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